UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

JORDAN ESPINAL,

Plaintiff,

v. CASE NO. 6:24-cv-849-SJH

ALL-STATE CONSTRUCTION AND RESTORATION LLC, etc., et al.,

Defendants. ________________________________/

ORDER FOLLOWING HEARING1 THIS CAUSE is before the Court on the Joint Motion to Review and Approve FLSA Settlement and Dismiss Action with Prejudice (“Motion”), Doc. 40, and the attached Confidential Settlement Agreement and General Release (“Settlement Agreement”), Doc. 40-1. The Court held a hearing on the Motion on April 9, 2025 (“Hearing”), the record of which is incorporated herein, Doc. 43. At the Hearing, the parties clarified that, to the extent of any potential ambiguity, the scope of the general release as set forth in Section 3(A) of the Settlement Agreement is not intended and should not be construed to apply to future claims and should be subject to the limiting language set forth in the final two lines of Section 3(B) and the second-to-last sentence of Section 3(C) of the Settlement Agreement. In addition, as stated at the Hearing, the amendment provision in the last sentence of

1 The parties consented to the exercise of jurisdiction by a United States Magistrate Judge. Doc. 48. Section 7 of the Settlement Agreement is due to be stricken and severed, see Logue v. Westgate Resorts Ltd, No. 6:20-cv-1488-PGB-EJK,

, at *4 (M.D. Fla. May 11, 2022), report and recommendation adopted,

(M.D. Fla. May

12, 2022), as are the confidentiality provisions in Sections 4 and 10(C) of the Settlement Agreement, see McNair v. ASAP Towing & Storage Co., No. 3:20-cv-330-J- 39MCR,

, at *3 (M.D. Fla. Nov. 23, 2020), report and recommendation adopted,

(M.D. Fla. Dec. 1, 2020). With such

clarification and modification, the Settlement Agreement is due to be approved. However, as stated at the Hearing, the Court declines to reserve jurisdiction. See Allen v. Farah Petion Ins. Agency LLC, No. 6:22-cv-1573-PGB-EJK,

, at *6 (M.D. Fla. Apr. 17, 2023), report and recommendation adopted,

(M.D. Fla. Apr. 24, 2023).

Accordingly, and for the reasons stated on the record at the Hearing, it is ORDERED: 1. The Motion (Doc. 40) is granted in part to the extent stated herein. 2. The last sentence of Section 7 of the Settlement Agreement, Section 4 of the Settlement Agreement, and Section 10(C) of the Settlement Agreement, are

stricken and severed, and the Settlement Agreement, as clarified and modified, is approved. 3. This case is dismissed with prejudice. 4. The Clerk is directed to terminate all pending motions and close this file. DONE AND ORDERED in Jacksonville, Florida, on May 9, 2025.

[Z J. Horovitz United States Magistrate Judge

Copies to: Counsel of Record