Cruz v. TSI Disaster Recovery, LLC et al

Filing 70

ORDER adopting 69 REPORT AND RECOMMENDATIONS re 66 Joint MOTION for miscellaneous relief, specifically Judicial Approval of Settlement Agreement and for Dismissal with Prejudice filed by TSI Disaster Recovery, LLC, Hector Cruz, Henry Elmore, Brad Wilde. The Report and Recommendation 69 is ADOPTED and the findings incorporated herein. The parties' Joint Motion for Approval of the Parties' Settlement Agreement, and for Dismissal With Prejudice 66 is GRANTED, an d the General Release and Settlement Agreement [66-1] is approved as a fair and reasonable resolution of this case. Defendant Rock Solid Environmental, LLC is DISMISSED. The Court retains jurisdiction over this case until July 24, 2015, to ensure al l payments under the General Release and Settlement Agreement [66-1] are finalized. This case is DISMISSED without prejudice subject to the right of any party, within four (4) months from the date of this Order, July 24, 2015, to submit a stipulated form of final judgment or request an extension of time should they so choose, or for any party to move to reopen the case upon a showing of good cause. See M.D. Local R. 3.08(b). Once that four (4) month period expires, this dismissal shall be dee med with prejudice without further order. The Clerk of the Court is DIRECTED to terminate any previously scheduled deadlines and pending motions, and administratively close the case pending further Order. Signed by Judge Sheri Polster Chappell on 3/24/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
HECTOR CRUZ, and other similarlysituated individuals,
Plaintiff,
v.

Case No: 2:13-cv-689-FtM-38DNF

TSI DISASTER RECOVERY, LLC,
HENRY ELMORE, ROCK SOLID
ENVIRONMENTAL, LLC and BRAD
WILDE,
Defendants.
/
ORDER1
This matter is before the Court on consideration of United States Magistrate Judge
Douglas N. Frazier's Report and Recommendation (Doc. #69) filed on March 20, 2015.
Judge Frazier recommends granting the parties' Joint Motion for Judicial Approval of the
Parties' Settlement Agreement, and for Dismissal With Prejudice (Doc. #66)2 and Joint
Memorandum Regarding Settlement (Doc. #68). (Doc. #69).
After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify the magistrate judge's

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Plaintiff has not properly served Defendant Rock Solid Environmental, LLC. (Doc. #51; Doc. #55).
Nevertheless, the parties' Joint Motion for Judicial Approval of the Parties' Settlement Agreement seeks to
dismiss this case as against all defendants, including Rock Solid Environmental, LLC. (Doc. #66 at 1 n.1).

report and recommendation. See 28 U.S.C. § 636(b)(1); see also 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).
After conducting an independent examination of the file and upon due
consideration of Judge Frazier's findings and recommendations, the Court accepts the
Report and Recommendation (Doc. #69).
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #69) is ADOPTED and the findings
incorporated herein.
2. The parties' Joint Motion for Approval of the Parties' Settlement Agreement,
and for Dismissal With Prejudice (Doc. #66) is GRANTED, and the General
Release and Settlement Agreement (Doc. #66-1) is approved as a fair and
reasonable resolution of this case.
3. Defendant Rock Solid Environmental, LLC is DISMISSED.

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4. The Court retains jurisdiction over this case until July 24, 2015, to ensure all
payments under the General Release and Settlement Agreement (Doc. #66-1)
are finalized.
5. This case is DISMISSED without prejudice subject to the right of any party,
within four (4) months from the date of this Order, July 24, 2015, to submit a
stipulated form of final judgment or request an extension of time should they so
choose, or for any party to move to reopen the case upon a showing of good
cause. See M.D. Local R. 3.08(b). Once that four (4) month period expires,
this dismissal shall be deemed with prejudice without further order.
6. The Clerk of the Court is DIRECTED to terminate any previously scheduled
deadlines and pending motions, and administratively close the case pending
further Order.
DONE and ORDERED in Fort Myers, Florida this 24th day of March, 2015.

Copies: All Parties of Record

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