govinfo:USCOURTS-flsd-9_26-cv-80125-1

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
WEST PALM BEACH DIVISION 
 
CASE NO. 26-80125-CIV-CANNON/McCabe 
 
SHAWN BROUILLETTE, et al.,  
individually and on behalf of all others  
similarly situated, 
 
 Plaintiffs, 
v. 
 
GUARDIAN FLEET SERVICES, INC., 
  
Defendant.
 
__________________________________/  
ORDER ACCEPTING MAGISTRATE JUDGE’S 
REPORT AND RECOMMENDATION [ECF No. 21] 
 
THIS CAUSE comes before the Court upon Magistrate Judge Ryon M. McCabe’s Report 
and Recommendation on Defendant’s Motion to Dismiss and Compel Arbitration  (the “Report”)  
[ECF No. 21], issued on May 26, 2026.  On March 6, 2026, Defendant filed a Motion to Dismiss 
and Compel Arbitration (the “Motion”) [ECF No. 13].   On May 26, 2026, following referral, 
Magistrate Judge McCabe issued a Report recommending that the Motion be granted in part, that 
the Named Plaintiffs (Shawn Brouillette  and David Woop) be compelled to arbitrate  under the 
rules of the American Arbitration Association , that the case be stayed, and that the other Opt -In 
Plaintiffs be afforded thirty days within which to move to substitute one or more of their number 
as Plaintiffs [ECF No. 21 pp. 4–5].1   
 
1 Plaintiffs’ claims are brought under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-
219 [see generally ECF No. 10].  The FLSA allows for collective actions against an employer.  
See 29 U.S.C. § 216(b).  In an FLSA collective action, each plaintiff must “affirmatively opt into 
the suit before becoming party plaintiffs.”  See, e.g., Pares v. Kendall Lakes Auto., LLC , No. 13-
20317-CIV, 2013 WL 3279803, at *3 (S.D. Fla. June 27, 2013).  Here, seven opt-in Plaintiff have 
filed consents to join this suit: Manuel Duron, Ramon Rodriguez Escalona, James Houston, Martin 
Kolb, Billy Turner , Claude Bucknall, and Curtis Davisson (together, the “Opt -In Plaintiffs”) 
Case 9:26-cv-80125-AMC   Document 23   Entered on FLSD Docket 06/15/2026   Page 1 of 3
  CASE NO. 26-80125-CIV-CANNON/McCabe 
2 
 
Objections to the Report were due on June 9, 2026 [ECF No. 21 p. 5].  On June 10, 2026, 
the parties filed a Joint Notice of Non- objection to Report and Recommendation and Request to 
Administratively Close Case [ECF No. 22], in which the parties state that they have no objection 
to the Report and request a stay pending the outcome of arbitration and mediation.   
To challenge the findings and recommendations of a magistrate judge, a party must file 
specific written objections identifying the portions of the proposed findings and recommendation 
to which objection is made.  See Fed. R. Civ. P. 72(b)(3); Heath v. Jones , 863 F.2d 815, 822 
(11th Cir. 1989); Macort v. Prem, Inc ., 208 F. App’x 781, 784 (11th Cir. 2006).  A district court 
reviews de novo those portions of the report to which objection is made and may accept, reject, 
or modify in whole or in part, the findings or recommendations made by the magistrate judge.  
28 U.S.C. § 636(b)(1).  To the extent a party fails to object to parts of the magistrate judge’s report, 
the Court may accept the recommendation so long as there is no clear error on the face of the 
record.  Macort, 208 F. App’x at 784.   
Following de  novo review, the Court finds the Report to be well reasoned and correct.  For 
the reasons set forth in the Report [ECF No. 21], it is hereby 
ORDERED AND ADJUDGED as follows: 
1. The Report and Recommendation [ECF No. 21] is ACCEPTED. 
2. The Motion [ECF No. 21] is GRANTED IN PART. 
3. Named Plaintiffs Shawn Brouillette  and David Woop shall submit their  claims 
against Defendant to AAA arbitration pursuant to the AAA rules. 
4. The Clerk is directed to STAY and ADMINISTRATIVELY CLOSE this action 
without prejudice to the parties.  
 
[ECF Nos. 8–9, 12, 20].  
Case 9:26-cv-80125-AMC   Document 23   Entered on FLSD Docket 06/15/2026   Page 2 of 3
  CASE NO. 26-80125-CIV-CANNON/McCabe 
3 
 
5. Every 180 days following the date of this Order, the parties are directed to jointly 
file a status report apprising the Court of the status of the dispute resolution process.  
ORDERED in Chambers at Fort Pierce, Florida, this 12th day of June 2026.  
 
 
 
 
 
 
            _________________________________ 
            AILEEN M. CANNON 
            UNITED STATES DISTRICT JUDGE  
 
cc: counsel of record 
Case 9:26-cv-80125-AMC   Document 23   Entered on FLSD Docket 06/15/2026   Page 3 of 3

Passage view · GavelSight