Ramirez v. TD Dans Corp.

United States District Court for the Southern District of Florida

Ramirez v. TD Dans Corp.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 23-cv-20820-BLOOM/Elfenbein

WILLIAM RAMIREZ,

Plaintiff,

v.

TD DANS CORP., SERGIO DANS,

Defendants. ________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

THIS CAUSE is before the Court upon Plaintiff William Ramirez’ Motion to Enforce Settlement Agreement (“the Motion”) pursuant to the Fair Labor Standards Act,

29 U.S.C. §§ 201

- 219, ECF No. [25]. The Plaintiff’s Motion was previously referred to the Honorable Marty Fulgueira Elfenbein for a Report & Recommendation (“R&R”), ECF No. [28]. On September 16, 2024, Judge Elfenbein issued an R&R recommending that Plaintiff’s Motion be denied, ECF No. [32]. The R&R advised the parties that objections to the R&R shall be filed with the District Judge within fourteen days of receipt of a copy of the report.

Id. at 8

. To date, neither party has filed objections, nor have the parties sought additional time to file objections. The Court has, nonetheless, conducted a de novo review of the R&R, the record in this case and is otherwise fully advised. See Williams v. McNeil,

557 F.3d 1287, 1291

(11th Cir. 2009) (citing

28 U.S.C. § 636

(b)(1)). Upon review, the Court finds Judge Elfenbein’s R&R to be well reasoned and correct. The Case No. 23-cv-20820-BLOOM/Elfenbein

Court agrees with the analysis in the R&R and concludes that Plaintiff's Motion must be denied for the reasons set forth therein. For the foregoing reasons, it is ORDERED AND ADJUDGED as follows: 1. The R&R, ECF No. [32] is ADOPTED; and 2. Plaintiff's Motion to Enforce Settlement Agreement, ECF No. [25], is DENIED. DONE AND ORDERED in Chambers at Miami, Florida, on October 3, 2024.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record

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