Cardona v Sun State Enterprises, Inc.

Filing 31

OPINION AND ORDER granting 29 Motion to Approve Settlement and approving settlement as fair and reasonable; adopting and incorporating 30 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice except as otherwise provided by the settlement agreement. The Clerk shall further terminate all motions and deadlines, and close the file. Signed by Judge John E. Steele on 11/30/2010. (RKR)

Cardona v Sun State Enterprises, Inc.

Doc. 31

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ELEAZAR CARDONA, and other similarly-situated individuals, Plaintiff, vs. SUN STATE ENTERPRISES, INC., Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #30), filed November 4, 2010, recommending that the Joint Motion to Approve Settlement (Doc. #29) be granted, the settlement agreement be approved, and the case dismissed with prejudice. 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 objections Case No. 2:09-cv-707-FtM-29SPC

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

Dockets.Justia.com

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 as fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #30) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion to Approve Settlement (Doc. #29) is GRANTED and the Settlement Agreement and General Release (Doc. #29-1) is approved as fair and reasonable. 3. 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 motions and deadlines as moot and to close the file. DONE AND ORDERED at Fort Myers, Florida, this November, 2010. 30th day of

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Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties

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