Bashore v. Performance Plumbing of Southwest Florida, Inc. et al
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
Case No: 2:14-cv-296-FtM-29CM
SOUTHWEST FLORIDA, INC., a
Florida corporation, LARRY
LANGLEY, individually, and
RANDAL LANGLEY, individual,
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.
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.
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
adopted and the findings incorporated herein.
The parties’ Joint Motion for Approval of Settlement and
Dismissal of Action with Prejudice (Doc. #40) is granted and the
reasonable resolution of a bona fide dispute.
- 2 -
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
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
- 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?