Serrano v. Gatewood Glass, Inc.

Filing 30

OPINION AND ORDER granting 28 Motion to Approve Settlement; adopting and incorporating 29 Report and Recommendations; approving settlement as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice, terminate all motions and deadlines, and close the file. Signed by Judge John E. Steele on 10/19/2010. (RKR)

Serrano v. Gatewood Glass, Inc.

Doc. 30

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ALEXIS SERRANO, on his own behalf and others similarly situated, Plaintiff, vs. GATEWOOD GLASS, INC. profit corporation, a Case No. Florida 2:10-cv-293-FtM-29DNF

Defendant. ___________________________________

OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #29), filed September 28, 2010, recommending that the Joint Motion for Approval of Proposed Settlement Agreement Agreement Release (Doc. be #28) be granted, as fair the and

Settlement

and

approved

reasonable, and the case dismissed. and the time to do so has expired.

No objections have been filed

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), 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

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whole or in part, the findings and recommendations. 636(b)(1)(C).

28 U.S.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 the settlement was fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #29) is hereby adopted and the findings incorporated herein. 2. The Joint Motion for Approval of Proposed Settlement

Agreement (Doc. #28) is granted and the Settlement Agreement and Release (Doc. #28-1) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with

prejudice, terminate all pending motions and deadlines, and close the file. DONE AND ORDERED at Fort Myers, Florida, this October, 2010. 19th day of

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

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