Thompson v. Fitzgerald's of Pasco, Inc.

Middle District of Florida, flmd-8:2016-cv-02274

ORDER adopting {{21}} Report and Recommendation of the Magistrate Judge. (1) The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects, except as noted herein, and is made a part of this Order for a ll purposes, including appellate review. (2) The parties' Joint Motion to Approve Settlement Agreement and Dismiss Case with Prejudice {{17}} is GRANTED, in part. The Wage and Hour Settlement and Non-Disparagement Agreement (Doc. 17 - Ex. 1) is approved as it constitutes a fair and reasonable resolution of this case. (3) Defendant Fitzgerald's of Pasco is directed to disburse the settlement amounts and attorneys' fees and costs to Plaintiff within fourteen (14) days. (4) The Court declines to retain jurisdiction over this matter. (5) This case is dismissed with prejudice. The Clerk is directed to close this case. Signed by Judge Charlene Edwards Honeywell on 12/28/2016. (BGS)

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PageID 80 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DAVID THOMPSON, Plaintiff, v. Case No: 8:16-cv-2274-T-36TBM FITZGERALD'S OF PASCO, INC., Defendant. ___________________________________/ ORDER This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge Thomas B. McCoun III on December 8, 2016 (Doc. 21). In the Report and Recommendation, Magistrate Judge McCoun recommends that the Court grant the parties' Joint Motion to Approve Settlement Agreement and Dismiss Case with Prejudice (Doc. 17). All parties were furnished copies of the Report and Recommendation and were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed. Upon consideration of the Report and Recommendation, and upon this Court's independent examination of the file, it is determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED AND ADJUDGED: (1) The Report and Recommendation of the Magistrate Judge (Doc. 21) is adopted, confirmed, and approved in all respects, except as noted herein, and is made a part of this Order for all purposes, including appellate review. (2) The parties' Joint Motion to Approve Settlement Agreement and Dismiss Case with Prejudice (Doc. 17) is GRANTED, in part. The Wage and Hour Settlement and PageID 81 Non-Disparagement Agreement (Doc. 17 - Ex. 1) is approved as it constitutes a fair and reasonable resolution of this case. (3) Defendant Fitzgerald's of Pasco is directed to disburse the settlement amounts and attorneys' fees and costs to Plaintiff within fourteen (14) days. (4) The Court declines to retain jurisdiction over this matter. (5) This case is dismissed with prejudice. The Clerk is directed to close this case. DONE AND ORDERED in Tampa, Florida on December 28, 2016. Copies to: The Honorable Thomas B. McCoun III Counsel of Record 2