Graham v. Southwest Florida Yachts, Inc.

Filing 34

OPINION AND ORDER granting 31 Motion to Approve Settlement; adopting and incorporating 33 Report and Recommendations; approving as fair and reasonable Confidential Settlement Agreement Waiver, and Mutual General Release. The Clerk shall enter ju dgment dismissing the case with prejudice with each party to bear its own attorney's fees and costs, except as otherwise agreed by the settlement agreement and pursuant to the 32 Joint Stipulation of Dismissal With Prejudice. The Clerk is further directed to terminate all deadlines and motions as moot and to close the case. Signed by Judge John E. Steele on 10/5/2009. (RKM)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION GARY GRAHAM, Plaintiff, vs. SOUTHWEST FLORIDA YACHTS, INC., Defendant. ___________________________________ Case No. 2:08-cv-343-FtM-29DNF

OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #33), filed September 21, 2009, recommending that the parties' Joint Motion to Approve FLSA Settlement (Doc. #31) be granted, the settlement be approved as fair and reasonable, and the case be dismissed with prejudice. 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 been filed and the time to do so has

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 See Cooper-Houston v.

novo, even in the absence of an objection.

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. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #33) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion to Approve FLSA Settlement (Doc. #31) is GRANTED. The Confidential Settlement Agreement Waiver, and Mutual General Release (Doc. #31, p. 3) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with

prejudice with each party to bear its own attorney's fees and costs, except as otherwise agreed by the settlement agreement and pursuant to the Joint Stipulation of Dismissal With Prejudice (Doc.

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#32). The Clerk is further directed to terminate all deadlines and motions as moot and to close the case. DONE AND ORDERED at Fort Myers, Florida, this October, 2009. 5th day of

Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties

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