Fiore v. Goodyear Tire & Rubber Company

Filing 211

OPINION AND ORDER granting 208 Motion to Approve Settlement; approving settlement as fair and reasonable; adopting and incorporating 209 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice except as prov ided by the Settlement Agreement, terminate all motions and deadlines (terminating 153 Motion to accept as timely consents to join; terminating 159 Motion for leave to file; terminating 166 Motion for Partial Summary Judgment; terminating 185 Report and Recommendations), and close the file. Signed by Judge John E. Steele on 5/14/2012. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
WAYNE FIORE, on his own behalf and
others
similarly
situated,
and
WARNER N. ELKINS, CHARLES BOGGS,
ERIC CRONCE, BRENDA D. SMITH, CASEY
HAMLIN, CHRISTOPHER TIEDEMANN, SCOTT
WANDELL,
JAMES
BETTS,
JUSTIN
SPURLOCK, MICHAEL HOFFMAN, RICHARD
ANDERSON, MICHAEL HONDLIK, SCOTT
DUNN, BELA HALMI, MISTY SANCHEZ,
ERIK SHERMAN, APOLO PLATON, as optin plaintiffs,
Plaintiffs,
vs.

Case No.

2:09-cv-843-FtM-29SPC

GOODYEAR TIRE & RUBBER COMPANY, an
Ohio Corporation,
Defendant.
___________________________________

OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #209), filed May
9, 2012, recommending that the Joint Motion to Approve Settlement
(Doc. #208) be granted, the settlement be approved as fair and
reasonable, and the case be dismissed.

The parties filed a Joint

Notice of No Objection (Doc. #210) on May 10, 2012.
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),

cert. denied, 459 U.S. 1112 (1983).

In the absence of specific

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.
Accordingly, it is now
ORDERED:
1.

The Report and Recommendation (Doc. #209) is hereby

adopted and the findings incorporated herein.
2.

The Joint Motion to Approve Settlement (Doc. #208) is

GRANTED and the Settlement Agreement (Doc. #208-1) is approved as
fair and reasonable.

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3.

The Clerk shall enter judgment dismissing the case with

prejudice,

except

as

provided

by

the

Settlement

Agreement,

terminate all deadlines and motions, and close the file.
DONE AND ORDERED at Fort Myers, Florida, this
May, 2012.

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

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14th

day of