Orr v. Dick Williams, Inc., et al.

Filing 36

OPINION AND ORDER adopting and incorporating 35 Report and Recommendations. The Stipulation of Dismissal is granted and the Mediated Settlement Agreement is approved as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice with each party to bear their own costs and fees. The Clerk is further directed to terminate all deadlines and motions and to close the file. Signed by Judge John E. Steele on 9/13/2009. (RKM)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION GARY R. ORR, on behalf of himself and others similarly situated, Plaintiff, vs. Case No. 2:08-cv-715-FtM-29DNF

DICK WILLIAMS, INC., a Florida corporation, RICHARD G. WILLIAMS, individually, Defendants. ___________________________________

OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #35), filed August 25, 2009, recommending that the Stipulation of Dismissal (Doc. #30) be granted, the settlement be approved as fair and reasonable, and the case be dismissed. 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 been

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. The undersigned

also declines to re-visit the required disclosure of the settlement terms. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #35) is hereby adopted and the findings incorporated herein. 2. GRANTED. 3. The parties' Mediated Settlement Agreement (Doc. #34-2) is approved as fair and reasonable. 4. The Clerk shall enter judgment dismissing the case with The The parties' Stipulation of Dismissal (Doc. #30) is

prejudice with each party to bear their own costs and fees.

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Clerk is further directed to terminate all deadlines and motions and to close the file. DONE AND ORDERED at Fort Myers, Florida, this September, 2009. 13th day of

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

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