On December 19, 2016, the Court held an evidentiary hearing on the Motion to Enforce Settlement Agreement. #43) on May 6, 2016, to which plaintiff filed a Reply (Doc. ![]() #42.) and for Entry of Default Final Defendant filed a Motion in Opposition and Response to Plaintiff’s Motion to Enforce Settlement Agreement (Doc. #37-2.) - 2 - On April 22, 2016, plaintiff filed a Motion to Enforce the Settlement Judgment. #40.) make an The initial payment of $55,000 within ten (10) days of the Court’s approval, and then pay the remaining amount in twelve (12) equal monthly installments. settlement agreement required defendants to (Doc. This Court issued an Opinion and Order on Apadopting the Report and Recommendation and granting the parties’ Second Joint Motion for Approval of Settlement. #37.) On April 15, 2015, the Magistrate Judge issued a Report and Recommendation recommending that the Joint Motion be granted and the settlement approved as a fair and reasonable resolution of a bona fide dispute under the FLSA. On April 1, 2015, the parties filed a Second Joint Motion for Approval of Settlement. #34) on January 15, 2015, which was denied without prejudice due to the failure to indicate that the attorneys’ fees were negotiated separately and due to the failure to offer a basis for the incentive payment to Vogenberger (Doc. #35.) The parties filed their initial Joint Motion for Approval of Settlement (Doc. On January 22, 2015, Jennifer Holt withdrew her Notice of Consent to Join. #1.) to the Fair Labor Standards Following the initiation of the suit, four additional individuals filed notices of consent to join. On August 6, 2014, plaintiff Kevin Vogenberger (“Vogenberger”) brought a claim against defendants ATC Fitness Cape Coral, LLC, ATC Fitness Fort Myers, LLC, ATC Fitness Fort Myers 2, LLC, and 3F Management, LLC, for failure to pay overtime and minimum (“FLSA”). The Court heard oral argument on December 19, 2016. #43), to which plaintiff filed a Reply (Doc. On May 6, 2016, Defendants filed a Motion in Opposition and Response to Plaintiff’s Motion to Enforce Settlement Agreement/Judgment and for Entry of Default Judgment (Doc. OPINION AND ORDER This matter comes before the Court on plaintiff's Motion to Enforce Settlement Agreement/Judgment and for Entry of Default Final Judgment (Doc. Case No: 2:14-cv-436-FtM-29CM ATC FITNESS CAPE CORAL, LLC, ATC FITNESS FORT MYERS, LLC, ATC FITNESS FORT MYERS 2, LLC, and 3F MANAGEMENT, LLC, a Florida profit corporation, Defendants. ![]() 52 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION KEVIN VOGENBERGER, on his own behalf and all similarly situated individuals, Plaintiff, v.
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