Huffman v. Steak N Shake Operations, Inc.

Filing 51

OPINION AND ORDER granting 47 Joint Motion to dismiss; granting 49 Motion to Approve the Settlement; adopting and incorporating 50 Report and Recommendations; approving the settlement. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 11/7/2014. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LINDA HUFFMAN,
Plaintiff,
v.
STEAK
INC.,

Case No: 2:13-cv-544-FtM-29DNF
N

SHAKE

OPERATIONS,

Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #50), filed
October 17, 2014, recommending that the parties' Joint Motion for
Dismissal With Prejudice (Doc. #47) and Joint Motion to Approve
the Settlement of Plaintiff's Claims Under the Fair Labor Standards
Act (Do. #49) be granted, the parties' Settlement and Complete
Waiver/Release Agreement (Doc. #49-1) be approved, and the case
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); 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.

#50)

is

hereby

adopted and the findings incorporated herein.
2.

The parties' Joint Motion to Approve the Settlement of

Plaintiff's Claims Under the Fair Labor Standards Act (Doc. #49)
is granted and the Settlement Agreement and General Release (Doc.
#49-1) is approved as a fair and reasonable resolution of a bona
fide dispute.
3.

The parties’ Joint Motion for Dismissal With Prejudice

(Doc. #47) is granted.

The Clerk shall enter judgment dismissing

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the case with prejudice, terminate all deadlines and motions, and
close the file.
DONE and ORDERED at Fort Myers, Florida, this
November, 2014.

Copies:
Hon. Douglas N. Frazier
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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7th

day of