Pritchard v. Merrill Gardens, L.L.C.
Filing
33
OPINION AND ORDER granting 31 Motion to Approve Settlement and approving settlement as fair and reasonable; adopting and incorporating 32 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice except as otherwise provided by the agreement, terminate all deadlines and motions (terminating 17 Motion to strike), and close the file. Signed by Judge John E. Steele on 8/1/2011. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RICKEY PRITCHARD on his own behalf
and others similarly situated,
Plaintiff,
vs.
Case No.
MERRILL GARDENS, LLC a
limited liability company,
2:11-cv-22-FtM-29DNF
foreign
Defendant.
___________________________________
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #32), filed June
30, 2011, recommending that the parties’ Joint Motion for Approval
of Settlement Agreement, and Upon Court Approval, For Dismissal of
the Action With Prejudice (Doc. #31) be granted, the settlement be
approved, and the case dismissed.
No 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. §
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.
28 U.S.C. §
636(b)(1)(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 and
finds the settlement is fair and reasonable.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #32) is hereby adopted
and the findings incorporated herein.
2.
The parties’ Joint Motion for Approval of Settlement
Agreement, and Upon Court Approval, For Dismissal of the Action
With Prejudice (Doc. #31) is granted and the Court finds that the
Settlement Agreement and Plaintiff’s Full and Final Release of
Claims for Unpaid Wages (Doc. #31-1) is fair and reasonable.
3.
The Clerk shall enter judgment dismissing the case with
prejudice, except as otherwise provided by the parties’ agreement,
terminate all deadlines and motions, and close the file.
DONE AND ORDERED at Fort Myers, Florida, this
August, 2011.
-2-
1st
day of
Copies:
Hon. Douglas N. Frazier
United States Magistrate Judge
Counsel of Record
Unrepresented parties
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