King v. Wells Fargo Home Mortgage

Filing 27

OPINION AND ORDER granting 22 Motion to Approve Settlement and the Settlement Agreement and General Release is approved; adopting and incorporating 26 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice except as otherwise provided by settlement and without the Court retaining jurisdiction over enforcement of the settlement. The Clerk is further directed to terminate all deadline and motions, and close the file. Signed by Judge John E. Steele on 7/30/2009. (RKM)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION BRADFORD T. KING, Plaintiff, vs. Case No. 2:08-cv-307-FtM-29SPC

WELLS FARGO HOME MORTGAGE a division of Wells Fargo Bank, N.A., Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #26), filed July 15, 2009, recommending that the parties' Joint Motion to Approve Settlement Agreement and General Release (Doc. #22) be granted, the settlement approved, and the case dismissed. been filed and the time to do so has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and recommendation. 636(b)(1); 28 U.S.C. § No objections have

Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), In the absence of specific

cert. denied, 459 U.S. 1112 (1983).

objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 636(b)(1)(C). 28 U.S.C. §

The district judge reviews legal conclusions de

novo, even in the absence of an objection.

See Cooper-Houston v.

Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994) (Table). After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge and approves the settlement as fair and reasonable. Although the Joint Stipulation for Final Order of Dismissal With Prejudice (Doc. #23) requests the retention of jurisdiction over the enforcement of the settlement, the Settlement Agreement and General Release does not require it and the Court is not inclined to retain jurisdiction over its enforcement without an articulation of independent

jurisdiction. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #26) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion to Approve Settlement Agreement

and General Release (Doc. #22) is GRANTED and the Settlement Agreement and General Release, filed under seal, is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with

prejudice except as otherwise provided by settlement and without

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the

Court

retaining

jurisdiction

over

enforcement

of

the

settlement. 4. The Clerk is further directed to terminate all deadlines

and motions, and close the file. DONE AND ORDERED at Fort Myers, Florida, this July, 2009. 30th day of

Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties

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