Smith v. Cable Wiring Specialist, Inc.
Filing
37
OPINION AND ORDER granting 34 Motion for Approval of Settlement; approving settlement; adopting and incorporating 35 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending motions and deadlines, and close the file. Signed by Judge John E. Steele on 1/29/2015. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
AARON SMITH, individually &
on
behalf
of
similarly
situated,
Plaintiff,
v.
CABLE
INC.,
Case No: 2:14-cv-277-FtM-29DNF
WIRING
SPECIALIST,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #35), filed
January 28, 2015, recommending that the Corrected Joint Motion for
Approval of Settlement & Joint Stipulation of Dismissal With
Prejudice (Doc. #34) be granted, the settlement be approved, and
the case dismissed.
The parties filed a Joint Stipulation (Doc.
#36) stating that no objections would be filed.
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.
#35)
is
hereby
adopted and the findings incorporated herein.
2.
The parties' Corrected Joint Motion for Approval of
Settlement & Joint Stipulation of Dismissal With Prejudice (Doc.
#34) is granted and the settlement terms stated in the motion are
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 January, 2015.
- 2 -
29th
day
Copies:
Hon. Douglas N. Frazier
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?