Barnett v. Wright Construction Group, Inc.

Filing 17

OPINION AND ORDER granting 14 Motion to Approve Settlement; approving as fair and reasonable settlement; adopting and incorporating 15 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, except as provided by settlement, terminate all pending matters, and close the file. Signed by Judge John E. Steele on 8/9/2010. (RKR)

Barnett v. Wright Construction Group, Inc.

Doc. 17

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION RICKY BARNETT, on behalf of himself and those similarly situated, Plaintiff, vs. Case No. 2:10-cv-333-FtM-29DNF

WRIGHT CONSTRUCTION GROUP, INC., a Florida profit corporation, Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #15), filed July 22, 2010, recommending that the Joint Motion for Approval of Settlement Agreement (Doc. #14) be granted, the settlement be approved as fair and reasonable, and the case be 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. §

Dockets.Justia.com

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 was fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #15) is hereby adopted and the findings incorporated herein. 2. The Joint Motion for Approval of Settlement Agreement

(Doc. #14) is GRANTED and the Settlement Agreement and Full and Final Mutual Release of All Claims (Doc. #14-1) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with

prejudice, except as provided by settlement, terminate all pending matters, and close the file. DONE AND ORDERED at Fort Myers, Florida, this August, 2010. 9th day of

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

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