Cava v. Allied Building Products Corporation

Filing 24

OPINION AND ORDER adopting and incorporating 23 Report and Recommendations. The settlement is approved as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice, except as provided by the settlement, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 12/17/2009. (RKM)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ANTHONY CAVA, Plaintiff, vs. ALLIED BUILDING PRODUCTS CORPORATION, Defendant. ______________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #23), filed December 1, 2009, recommending that the Joint Notice Providing Settlement Agreement and Information Required by the Court's Case No. 2:09-cv-358-FtM-29DNF

October 5, 2009 Order (Doc. #22) be approved and the case dismissed with prejudice. 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 filed and the time to do

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. 28 U.S.C. §

636(b)(1)(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 the settlement is approved as fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #23) is hereby adopted and the findings incorporated herein. 2. The Settlement Agreement, Waiver and Release (Doc. #22-2)

is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with

prejudice, except as provided by the settlement, terminate all pending motions and deadlines as moot, and close the case. DONE AND ORDERED at Fort Myers, Florida, this December, 2009. 17th day of

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