Menard v. Malibu Love & Care Healthcare Agency, Inc. et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-61409-CIV-SMITH
PASCALE MENARD,
Plaintiff,
vs.
MALIBU LOVE & CARE HEALTHCARE
AGENCY, INC.,
et al.,
Defendants.
/
ORDER AFFIRMING AND ADOPTING
REPORT OF MAGISTRATE JUDGE
This matter is before the Court upon the Magistrate Judge’s Report and Recommendation
[DE 50], on the Parties’ Motion for Approval of the Parties’ FLSA Settlement Agreement and for
Dismissal with Prejudice (“Motion”) [DE 49]. In the Report and Recommendation, the Magistrate
Judge recommends approving the settlement agreement between Plaintiff and Defendant and
dismissing the case against Defendant with prejudice. The parties submitted to the Court for
approval their Settlement Agreement (“Settlement Agreement”).
The Magistrate Judge found that the Settlement Agreement, which specified the portion of
the settlement amount to be paid to Plaintiff and the amounts designated for attorney’s fees and
costs, to be a fair and reasonable resolution of a bona fide FLSA dispute. The Magistrate Judge
recommends that the Motion be granted. No party has filed Objections to the Magistrate Judge’s
Report and Recommendation. Having reviewed, de novo, the Magistrate Judge’s Report and
Recommendation to District Judge and the record, and given that no party has filed Objections, it
is
Case 0:24-cv-61409-RS Document 53 Entered on FLSD Docket 02/06/2026 Page 1 of 2

ORDERED that:
1) The Report and Recommendation to District Judge [DE 50] is AFFIRMED and
ADOPTED and incorporated by reference into this Court’s Order.
2) The Joint Motion for Approval of the Parties’ FLSA Settlement Agreement and for
Dismissal with Prejudice [DE 49] is GRANTED.
3) This case is DISMISSED with prejudice as to Defendant Alcira Jacqueline Ubeda.
DONE and ORDERED in Fort Lauderdale, Florida, this 6th day of February 2026.
cc: Counsel of record
Case 0:24-cv-61409-RS Document 53 Entered on FLSD Docket 02/06/2026 Page 2 of 2