Koert v. N Color, Inc. et al

Filing 20

OPINION AND ORDER adopting and incorporating 19 Report and Recommendations; granting 18 Motion to Approve Settlement and the Settlement Agreement and Full and Final Mutual Release is approved as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending motions and deadlines, and close the file. Signed by Judge John E. Steele on 3/2/2009. (RKM)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DEBRA KOERT, Plaintiff, vs. N COLOR, INC., a corporation, GARY individually, Case No. Florida HARLAN, 2:08-cv-802-FtM-29DNF Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #19), filed February 6, 2009, recommending that the settlement be approved and the case be dismissed with prejudice. 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 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 finds the settlement is fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #19) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion for Approval of Settlement Agreement as Stipulated Final Judgment (Doc. #18) is GRANTED and the Settlement Agreement and Full and Final Mutual Release of All Claims (Doc. #18-2) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file. DONE AND ORDERED at Fort Myers, Florida, this March, 2009. 2nd day of Copies: Hon. Douglas N. Frazier Counsel of Record Unrepresented parties -2-

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