Theall v. Dollar Tree Stores, Inc.
Filing
32
OPINION AND ORDER granting 30 Joint Motion for settlement approval and dismissal; adopting and incorporating 31 Report and Recommendations; approving settlement as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending deadlines, and close the file. Signed by Judge John E. Steele on 5/22/2014. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CHRISTY
individual,
THEALL,
an
Plaintiff,
v.
Case No: 2:13-cv-408-FtM-29CM
DOLLAR TREE STORES, INC., a
Virginia Corporation,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #31), filed May
5, 2014, recommending that that the Joint Motion for Settlement
Approval and Dismissal With Prejudice be granted, the Settlement
Agrement and Release of FLSA Claims (Doc. #30-1) be approved, 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.
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.
#31)
is
hereby
adopted and the findings incorporated herein.
2.
The parties' Joint Motion for Settlement Approval and
Dismissal With Prejudice (Doc. #30) is granted and the Settlement
Agreement and General Release (Doc. #30-1) is approved as a fair
and reasonable resolution of a bona fide dispute.
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
of May, 2014.
- 2 -
22nd
day
Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties
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