Massey v. Tobler Construction, Inc. et al

Filing 28

OPINION AND ORDER granting 26 Motion for Approval of Settlement; approving settlement as fair and reasonable; adopting and incorporating 27 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 4/23/2013. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CORREY MASSEY, on behalf of himself
and all others similarly situated,
Plaintiff,
vs.

Case No.

2:12-cv-415-FtM-29SPC

TOBLER CONSTRUCTION, INC., a Florida
profit corporation, JOHN L. TOBLER,
individually,
Defendants.
___________________________________
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #27), filed
March 29, 2013, recommending the parties’ Joint Motion for Approval
of Settlement (Doc. #26) 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).
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. #27) is hereby adopted
and the findings incorporated herein.
2. The parties’ Joint Motion for Approval of Settlement (Doc.
#26) is granted and the in camera settlement agreement is approved
as fair and reasonable.
3.

The Clerk shall enter judgment dismissing the case with

prejudice, terminate all deadlines and motions, and close the file.
DONE AND ORDERED at Fort Myers, Florida, this
April, 2013.

Copies:
Hon. Sheri Polster Chappell
United States Magistrate Judge
Counsel of Record
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23rd

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