Hyatt v. Seniorbridge Family Companies (Fl), Inc.

Filing 26

OPINION AND ORDER granting 21 Motion for Settlement Approval and Dismissal; adopting and incorporating 24 Report and Recommendations; granting 25 Motion to Waive Exception Period; approving Settlement Agreement as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice and close the file. Signed by Judge John E. Steele on 2/23/2015. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RACHEL HYATT, on behalf of
herself and others similarly
situated,
Plaintiff,
v.

Case No: 2:14-cv-486-FtM-29CM

SENIORBRIDGE
FAMILY
COMPANIES
(FL),
INC.,
a
Florida profit corporation,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #24), filed
February

20,

2015,

recommending

that

the

Joint

Motion

for

Settlement Approval and Dismissal With Prejudice (Doc. #21) be
granted, the Settlement Agreement (Doc. #23-1) be approved, and
the case dismissed with prejudice.

The parties filed a Joint

Motion to Waive Exception Period (Doc. #25) on February 23, 2015,
seeking to waive the 14 day objection period.
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
grants the request to waive the objection period and accepts the
Report and Recommendation of the magistrate judge.
Accordingly, it is now
ORDERED:
1.

The parties’ Joint Motion to Waive Exception Period

(Doc. #25) is granted.
2.

The

Report

and

Recommendation

(Doc.

#24)

is

hereby

adopted and the findings incorporated herein.
3.

The parties' Joint Motion for Settlement Approval and

Dismissal With Prejudice (Doc. #21) is granted and the Settlement
Agreement

(Doc.

#23-1)

is

approved

resolution of a bona fide dispute.

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as

a

fair

and

reasonable

4.

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 February, 2015.

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

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23rd

day