Vila v. Coastland Towing and Recovery, Inc. et al
Filing
24
OPINION AND ORDER granting 22 Motion for Settlement and to Dismiss; approving settlement agreement; accepting and adopting 23 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 11/5/2013. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
BRIAN VILA
Plaintiff,
v.
Case No: 2:13-cv-144-FtM-29UAM
COASTLAND
TOWING
AND
RECOVERY, INC. and JAMES M.
WALKER,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #23), filed
October 10, 2013, recommending that the parties' Joint Motion to
Approve
Settlement
Prejudice
Agreement
Plaintiff's
and
Complaint
Release
(Doc.
#22)
and
be
Dismiss
granted,
With
the
Settlement Agreement and General Release (Doc. #22-1) be approved
as fair and reasonable, and the case be dismissed with prejudice.
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); United States v. Powell, 628 F.3d 1254, 1256 (11th Cir.
2010).
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).
After a careful and complete review of the findings and
recommendations, the Court accepts and adopts the Report and
Recommendation
of
the
magistrate
judge,
and
finds
that
the
settlement is a fair and reasonable resolution of a bona fide
dispute.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #23) is hereby ACCEPTED
and ADOPTED.
2. The parties' Joint Motion to Approve Settlement Agreement
and Release and Dismiss With Prejudice Plaintiff's Complaint (Doc.
#22) is granted and the Settlement Agreement and General Release
(Doc. #22-1) is approved as fair and reasonable.
3. The Clerk shall enter judgment dismissing the case with
prejudice, terminate all deadlines, and close the file.
DONE and ORDERED at Fort Myers, Florida, this
November, 2013.
Copies: All Parties of Record
- 2 -
5th
day of
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