Brown v. Doctor's Choice Home Care, Inc.
Filing
31
OPINION AND ORDER adopting 30 Report and Recommendation re 28 Joint Motion for Court Approval of Settlement Agreement and Dismissal with Prejudice. The parties' motion is granted and their [28-1] Settlement Agreement is approved. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 9/9/2015. (MAW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CATHERINE
individual,
BROWN,
an
Plaintiff,
v.
Case No: 2:14-cv-527-FtM-29CM
DOCTOR’S CHOICE HOME CARE,
INC., a Florida corporation,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #30), filed
August 21, 2015, recommending that the parties' Joint Motion for
Court
Approval
of
Prejudice be granted.
Settlement
Agreement
and
Dismissal
with
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.
Accordingly, it is now
ORDERED:
1.
The
Report
and
Recommendation
(Doc.
#30)
is
hereby
adopted and the findings incorporated herein.
2.
The
parties'
Joint
Motion
for
Court
Approval
of
Settlement Agreement and Dismissal with Prejudice (Doc. #28) is
granted and the Settlement Agreement Pursuant to the Fair Labor
Standards Act and the Florida Minimum Wage Act (Doc. #28-1) is
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
September, 2015.
Copies:
Hon. Carol Mirando
- 2 -
9th
day of
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
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