Calix v. Caring Touch Towing, LLC

Filing 26

OPINION AND ORDER granting 24 Motion to Approve Settlement; adopting and incorporating 25 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the case. Signed by Judge John E. Steele on 12/4/2009. (RKM)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JAVIER CALIX on his own behalf and others similarly situated, Plaintiff, vs. Case No. 2:09-cv-412-FtM-29SPC

CARING TOUCH TOWING, LLC a Florid limited liability company, Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #25), filed November 10, 2009, recommending that the Joint Motion for Approval of Settlement Agreement as Stipulated Final Judgment (Doc. #24) be granted, the settlement be approved, and the case dismissed. objections have been 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

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 finds that the settlement is fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation is hereby adopted and the

findings specifically incorporated herein. 2. The Joint Motion for Approval of Settlement Agreement as

Stipulated Final Judgment (Doc. #24) is GRANTED and the Settlement Agreement, Waiver, and Release (Doc. #24-2) 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 case. DONE AND ORDERED at Fort Myers, Florida, this December, 2009. 4th day of

Copies: Hon. Sheri Polster Chappell Parties of Record

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