Popov v. George & Sons Towing, Inc. et al

Filing 96

ORDER that 94 Report and Recommendation is hereby adopted and the findings incorporated herein. The parties' 93 Joint Motion for Approval of Settlement and Dismissal of This Action With Prejudice is granted to the extent the parties' se ek approval of their settlement and dismissal of this case but denied as to the parties' request that the Court retain jurisdiction over this case to enforce the settlement. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file. Signed by Judge Sheri Polster Chappell on 8/7/2013. (DH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

FLORIN POPOV, on his own behalf and
others similarly situated,
Plaintiff,
v.

Case No: 2:12-cv-123-FtM-38UAM

GEORGE & SONS TOWING INC., a
Florida Corporation, GEORGE MARTIN,
individually, and DEBRA MARTIN,
individually,
Defendants.
___________________________________/
ORDER1
This matter is before the Court on review of the Magistrate Judge’s Report and
Recommendation (Dkt. #94), filed on July 19, 2013, recommending that the parties’
Joint Motion for Approval of Settlement and Dismissal of This Action With Prejudice
(Dkt. #93) be granted. 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. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d
732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific

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objections, there is no need for a district judge to 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 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. However, the Court takes this opportunity to address an issue not
addressed in the Report and Recommendation: the parties’ request that the Court retain
jurisdiction over this case to enforce the settlement agreement. The Court is generally
reluctant to retain jurisdiction over these matters and will not do so here.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Dkt. #94) is hereby adopted and the
findings incorporated herein.
(2) The parties’ Joint Motion for Approval of Settlement and Dismissal of This
Action With Prejudice (Dkt. #93) is GRANTED in part and DENIED in part. It
is GRANTED to the extent the parties’ seek approval of their settlement and
dismissal of this case but denied as to the parties’ request that the Court
retain jurisdiction over this case to enforce the settlement.

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(3) The Clerk shall enter judgment DISMISSING the case with prejudice,
terminate all deadlines and motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 7th day of August, 2013.

Copies: All Parties of Record

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