Williams v. Wherry Truck Lines, Inc.

Filing 47

OPINION AND ORDER granting 45 Motion to Approve Settlement; adopting and incorporating 46 Report and Recommendations; approving settlement as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice, except as otherwise provided by the settlement agreement. The Clerk is further directed to terminate all pending matters as moot and to close the file. Signed by Judge John E. Steele on 2/8/2010. (RKR)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ROY WILLIAMS, on behalf of himself and those similarly situated, Plaintiff, vs. WHERRY TRUCK LINES, INC., a corporation, Case No. Florida 2:09-cv-184-FtM-29DNF

Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #46), filed January 20, 2010, recommending that the parties' Joint Motion to Approve Settlement Agreement and for Dismissal With Prejudice (Doc. #45) be granted and the case 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

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 agreement as fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #46) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion to Approve Settlement Agreement

and for Dismissal With Prejudice (Doc. #45) is GRANTED and the Confidential Settlement Agreement, Waiver and Release of Claims (Doc. #45-1) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with except as otherwise provided by the settlement

prejudice, agreement.

The Clerk is further directed to terminate all pending

matters as moot and to close the file. DONE AND ORDERED at Fort Myers, Florida, this February, 2010. 8th day of

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

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