Raynon v. RHA/Fern Park Mr., Inc.

Full title: KATOYA RAYNON, Plaintiff, v. RHA/FERN PARK MR., INC.; and FERN PARK, INC.…

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

Date published: Oct 27, 2014

Case No. 6:14-cv-1112-Orl-37TBS (M.D. Fla. Oct. 27, 2014)

Opinion

Case No. 6:14-cv-1112-Orl-37TBS

10-27-2014

KATOYA RAYNON, Plaintiff, v. RHA/FERN PARK MR., INC.; and FERN PARK, INC., Defendants.

ROY B. DALTON JR. United States District Judge

ORDER

This cause is before the Court on the following:

1. Joint Motion for Approval of FLSA Settlement and Incorporated Memorandum of Law (Doc. 20), filed September 29, 2014;

2. Supplement to Joint Motion for Approval of FLSA Settlement and Incorporated Memorandum of Law (Doc. 22), filed October 13, 2014;

3. Second Supplement to Joint Motion for Approval of FLSA Settlement (Doc. 25), filed October 15, 2014;

4. Magistrate Judge Thomas B. Smith's Report and Recommendation (Doc. 26), filed October 21, 2014; and

5. Joint Notice of No Objection to Magistrate Judge Smith's Report and Recommendation (Doc. 27), filed October 24, 2014.

The parties to this Fair Labor Standards Act ("FLSA") action jointly moved for approval of their Settlement Agreement and Release of Claims ("Agreement"). (Doc. 20; see also Doc. 25, pp. 4-14.) In a well-reasoned Report and Recommendation ("R&R"), Magistrate Judge Smith recommends approving the Agreement with the exception that the Court sever and delete the jury trial waiver provision in accordance with the severability clause of the Agreement. (Doc. 26, pp. 5-6.) The parties jointly filed a notice of no objection to the R&R. (Doc. 27.)

Upon consideration, the Court finds that the R&R is due to be adopted and confirmed and made a part of this Order. The parties' joint motion for approval of the Agreement is therefore due to be granted with the exception that the jury waiver provision set forth in Paragraph 7 of the Agreement will be severed and deleted in accordance with Paragraph 8 of the Agreement. (Doc. 25, p. 10.)

Accordingly, it is hereby ORDERED AND ADJUDGED:

1. Magistrate Judge Thomas B. Smith's Report and Recommendation (Doc. 26) is ADOPTED and CONFIRMED and made a part of this Order.

2. Joint Motion for Approval of FLSA Settlement (Doc. 20) as supplemented (Docs. 22, 25) is GRANTED IN PART as described in this Order.

3. Paragraph 7 of the Settlement Agreement and Release of Claims (Doc. 25, p. 10) is SEVERED and DELETED, and the remainder of the Settlement Agreement and Release of Claims (Doc. 25, pp. 4-14) is APPROVED.

4. This action is DISMISSED with prejudice.

5. The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on October 27, 2014.

/s/_________

ROY B. DALTON JR.

United States District Judge Copies: Counsel of Record