Friedhofer v. Kent Technologies, LLC et al

Filing 30

OPINION AND ORDER adopting and incorporating 29 Report and recommendation, granting 28 Motion to Approve Settlement, approving Settlement Agreement and Release. The Clerk shall enter judgment dismissing the case with prejudice and close the case. Signed by Judge John E. Steele on 11/10/2009. (RKM)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION RICHARD FRIEDHOFER, on his own behalf and others similarly situated, Plaintiff, vs. KENT TECHNOLOGIES, LLC a limited liability company, FRANK MAMBUCA, individually, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #29), filed November 10, 2009, recommending that the Joint Motion and Case No. 2:09-cv-67-FtM-29DNF

Stipulation for Approval of Settlement and for Final Order of Dismissal With Prejudice (Doc. #28) be granted, the settlement be approved as fair and reasonable, and the case be dismissed with prejudice. The parties waived the ten day objection period in the (Doc. #28, p. 5.)

Joint Motion.

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. §

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 finds the settlement is fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #29) is hereby adopted and the findings incorporated herein. 2. The Joint Motion and Stipulation for Approval of

Settlement and for Final Order of Dismissal With Prejudice (Doc. #28) is GRANTED and the Settlement Agreement and Release (Doc. #283) 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 case. DONE AND ORDERED at Fort Myers, Florida, this November, 2009. 10th day of

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

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