WADE
v.
GRIEGER ENTERPRISES, LLC

M.D. Fla. | 2023-05-22
No. 8:23-cv-443
District Court, M.D. Florida (2023)

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Holding

The Court adopts the magistrate judge's report and recommendation, granting the joint motion for approval of the FLSA settlement and dismissing the case with prejudice.


Facts & Procedural History

Plaintiff Joseph Wade and Defendant Grieger Enterprises, LLC, d/b/a La-Z-Boy Home Furnishings and Décor, filed a joint motion to approve a settlement …

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Opinion of the Court

This matter is before the Court on consideration of the report and recommendation of Julie S. Sneed, United States Magistrate Judge, entered on May 15, 2023. (Doc. 12). Judge Sneed recommends that the “Joint Motion for Approval of FLSA Settlement and Dismissal of Action with Prejudice and Incorporated Memorandum of Law” (Doc. 8) be granted. The parties filed a “Joint Notice of Non- Objection” (Doc. 13). After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). A district court must “make a de novo determination of those portions of the [report and recommendation] to which an objection is made.” 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006); Nettles v. Wainwright, 677 F. 2d 404, 409 (5th Cir. 1982). Upon due consideration of the record, the Court adopts the report and recommendation. The Court agrees with Judge Sneed’s detailed and well-reasoned factual findings and legal conclusions. Consequently, the joint motion is granted, the settlement is approved, and this case is dismissed with prejudice.

Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Sneed’s report and recommendation (Doc. 12) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) The “Joint Motion for Approval of FLSA Settlement and Dismissal of Action with Prejudice and Incorporated Memorandum of Law” (Doc. 8) is hereby

GRANTED and this case is DISMISSED with prejudice. (3) The Settlement Agreement (Doc. 8-1) is APPROVED. (3) The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. DONE and ORDERED in Chambers, in Tampa, Florida, this 22"4 day of May, 2028.

—“~ t Co

TOM BARBER

UNITED STATES DISTRICT JUDGE


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