Lamont v. Gulf Coast Services of Lee County, Inc. et al

Filing 23

OPINION AND ORDER granting 20 Motion to Approve Settlement; approving settlement as fair and reasonable; adopting and incorporating 21 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, except as otherwise provided by the settlement agreement, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 2/13/2012. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DAMON LAMONT, on his own behalf and
all similarly situated individuals,
Plaintiff,
vs.

Case No.

2:11-cv-268-FtM-29SPC

GULF COAST SERVICES OF LEE COUNTY,
INC., a Florida Profit Corporation,
CHRISTINE
THOMAS-LAMONT,
Individually,
Defendants.
___________________________________

OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #22), filed
February 10, 2012, recommending that the Joint Motion for Approval
of Settlement Agreement, and Upon Court Approval, for Dismissal of
the Action With Prejudice (Doc. #20) be granted, the settlement
agreement be approved, and the case dismissed.

On February 10,

2012, the parties filed a Joint Notice of Non-Objection to Report
and Recommendation (Doc. #22) stating no objection.
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. #21) is hereby adopted
and the findings incorporated herein.
2. The Joint Motion for Approval of Settlement Agreement, and
Upon Court Approval, for Dismissal of the Action With Prejudice
(Doc. #20) is granted and the Settlement Agreement, Covenant Not to
Sue, and General Release (Doc. #20-1) 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
February, 2012.

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

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13th

day of