Bates et al v. FirstService Residential, Inc.

Filing 28

OPINION AND ORDER granting 26 Motion for Approval of FLSA Settlement; approving settlements as fair and reasonable; adopting and incorporating 27 Report and Recommendations. The Clerk shall enter judgment dismissing Counts and II with prejudice and remand Count III to the Collier County Circuit Court, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 3/18/2015. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KRIS BATES, ROSIE BATES, and
ERICA CIRILLO,
Plaintiffs,
v.

Case No: 2:14-cv-421-FtM-29CM

FIRSTSERVICE
FLORIDA, INC.,

RESIDENTIAL

Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #27), filed
February 26, 2015, recommending that the parties' Renewed Joint
Motion for Approval of FLSA Settlement and for Dismissal of Counts
I and II With Prejudice (Doc. #26) be granted, the settlements
approved, Counts I and II be dismissed, and Count III be remanded.
No objections have been filed and the time to do so has expired.
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 to
approve the settlements.

The Court will decline to maintain

supplemental jurisdiction over the remaining count pursuant to 28
U.S.C. § 1367(c)(3), and Count III will be remanded.
Accordingly, it is now
ORDERED:
1.

The

Report

and

Recommendation

(Doc.

#27)

is

hereby

adopted and the findings incorporated herein.
2.

Plaintiffs Kris Bates and Rosie Bates and defendant's

Renewed Joint Motion for Approval of FLSA Settlement and for
Dismissal of Counts I and II With Prejudice (Doc. #26) is granted
and the Settlement Agreements (Docs. ## 26-1, 26-2) are approved
as a fair and reasonable resolution of bona fide disputes with
Kris Bates and Rosie Bates.

- 2 -

3.

The Clerk shall enter judgment dismissing Counts I and

II with prejudice, and remanding Count III to the Collier County
Circuit Court pursuant to 28 U.S.C. § 1367(c)(3).

The Clerk is

further directed to terminate all deadlines and motions, and to
close the file.
DONE and ORDERED at Fort Myers, Florida, this
of March, 2015.

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

- 3 -

18th

day