Horne v. O'Brien Automotive of Florida, LLC et al

Filing 27

ORDER adopting 26 the Report and Recommendation and the findings incorporated herein. The parties' Joint Motion for Approval of Settlement and Motion to Dismiss With Prejudice 21 is GRANTED, and the parties' Settlement Agreement and Release 25 is approved as fair and reasonable. The Clerk of Court shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file. Signed by Judge Sheri Polster Chappell on 8/13/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

LONNIE S. HORNE, and all others
similarly situated,
Plaintiff,
v.

Case No: 2:13-cv-858-FtM-38DNF

O'BRIEN AUTOMOTIVE OF
FLORIDA, LLC, O'BRIEN IMPORTS
OF FT. MYERS, INC., and O'BRIEN
AUTO TEAM, INC.,
Defendants.
/

ORDER1
This matter comes before the Court upon consideration of United States
Magistrate Judge Douglas N. Frazier's Report and Recommendation (Doc. #26) filed on
July 29, 2014. Judge Frazier recommends granting the parties' Joint Motion for Approval
of Settlement and Motion to Dismiss With Prejudice (Doc. #21) and approving the
Settlement Agreement and Release (Doc. #25) as a "fair and reasonable resolution of a
bone fide dispute" of the claims raised pursuant to the Fair Labor Standards Act. (Doc.

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#26 at 3). The parties have not objected to the Report and Recommendation (Doc. #26),
and the time to do so has now expired. Thus, this matter is ripe for review.
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. 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. #26).
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #26) is hereby adopted and the findings
incorporated herein.
2. The parties' Joint Motion for Approval of Settlement and Motion to Dismiss With
Prejudice (Doc. #21) is GRANTED, and the parties' Settlement Agreement and Release
(Doc. #25) is approved as fair and reasonable.

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3. The Clerk of Court shall enter judgment dismissing the case with prejudice,
terminate all deadlines and motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 13th day of August, 2014.

Copies: All Parties of Record

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