Bashore v. Performance Plumbing of Southwest Florida, Inc. et al

Filing 43

OPINION AND ORDER adopting 41 Report and Recommendations; granting 40 Joint Motion for Approval of Settlement and Dismissal of this Action with Prejudice. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file. See Opinion and Order for details. Signed by Judge John E. Steele on 2/16/2016. (AMB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOSHUA BASHORE, on his own
behalf and others similarly
situated,
Plaintiff,
v.

Case No: 2:14-cv-296-FtM-29CM

PERFORMANCE
PLUMBING
OF
SOUTHWEST FLORIDA, INC., a
Florida corporation, LARRY
LANGLEY, individually, and
RANDAL LANGLEY, individual,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #41), filed
February 9, 2016, recommending that the parties’ Joint Motion for
Approval of Settlement and Dismissal of Action with Prejudice (Doc.
#40) be granted and the Settlement Agreement (Doc. #40-1) be
approved as a fair and reasonable resolution of a bona fide dispute
under the FLSA.

The parties filed a Joint Notice of No Objection

to Report and Recommendation Re: Joint Motion for Approval of
Settlement and Dismissal of this Action with Prejudice (Doc. #42)
on February 11, 2016.
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.

#41)

is

hereby

adopted and the findings incorporated herein.
2.

The parties’ Joint Motion for Approval of Settlement and

Dismissal of Action with Prejudice (Doc. #40) is granted and the
Settlement

Agreement

(Doc.

#40-1)

is

approved

reasonable resolution of a bona fide dispute.

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as

a

fair

and

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 __16th__ day of
February, 2016.

Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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