MCKISSICK
v.
MARKS CABINETRY SERVICES, INC.
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The court accepted and adopted the Magistrate Judge's Report and Recommendation, granting the parties' joint motion for approval of settlement and dismissal.
The parties filed a joint motion to approve a settlement agreement and dismiss the case with prejudice, along with a notice of non-objection to the Ma…
The full statement of facts, procedural history, and disposition for this case are member content.
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Defendant. /
OPINION AND ORDER1
Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation. (Doc. 52). Judge McCoy recommends granting the Amended Joint Motion for Approval of Settlement and Motion to Dismiss the Case with Prejudice (Doc. 46), approving their FLSA Settlement Agreement, Waiver, and Release (Doc. 46-1), and approving their Waiver and Release Agreement (Doc. 46-2). The parties filed a Joint Notice of Non- Objection to the Report and Recommendation. (Doc. 54). After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or
R&R de novo. See Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don’t object, a district court need only correct plain error as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 F. App’x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140,
150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F. 3d 1322, 1329 (11th Cir. 1999).
After careful consideration and an independent review of the case, the Court finds no plain error. It thus accepts and adopts the Report and Recommendation (Doc. 52) in full. Accordingly, it is now
ORDERED: 1. The Report and Recommendation (Doc. 52) is ACCEPTED and ADOPTED and the findings incorporated herein. 2. The Amended Joint Motion for Approval of Settlement and Motion to
Dismiss the Case with Prejudice (Doc. 46) is GRANTED and the FLSA Settlement Agreement, Waiver, and Release (Doc. 46-1) and the Waiver and Release Agreement (Doc. 46-2) are APPROVED.
3. This action is DISMISSED with prejudice.
4. The Clerk of Court is DIRECTED to enter judgment, terminate any pending motions or deadlines, and close the case. DONE and ORDERED in Fort Myers, Florida on December1, 2021.
, Lh platrathe 7
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Farley v. Nationwide Mut. Ins. Co., 197 F.3d 1322 (11th Cir. 1999)