Penwell v. RTS of Cape Coral, Inc. et al

Filing 32

ORDER adopting 31 REPORT AND RECOMMENDATIONS re 30 Amended MOTION for Settlement to Approve Settlement Agreement and Stipulation for Dismissal with Prejudice filed by Thomas Cirrincione, Benjamin Cirrincione, Colonial Motel, L LC, RTS of Cape Coral, Inc. The Report and Recommendation 31 is ACCEPTED AND ADOPTED and the findings incorporated herein. The Parties' Amended Joint Motion to Approve Settlement Agreement and Stipulation for Dismissal with Prejudice 30 is GRANTED, and the Settlement Agreement (Doc. #30-1; Doc. #30-2) is approved as fair and reasonable. The Clerk of Court is DIRECTED to enter judgment accordingly, dismiss the case with prejudice, terminate all deadlines and motions, and close the file. Signed by Judge Sheri Polster Chappell on 9/16/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ANTHONY PENWELL,
Plaintiff,
v.

Case No: 2:14-cv-572-FtM-38CM

RTS OF CAPE CORAL, INC.,
COLONIAL MOTEL, LLC, THOMAS
CIRRINCIONE
and
BENJAMIN
CIRRINCIONE,
Defendants.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando's Report and Recommendation (Doc. #31) filed on August 27, 2015. Judge
Mirando recommends granting the Parties' Amended Joint Motion to Approve Settlement
Agreement and Stipulation for Dismissal with Prejudice (Doc. #30) and approving the
Settlement Agreement (Doc. #30-1; Doc. #30-2) as a fair and reasonable resolution of a
bona fide dispute under the Fair Labor Standards Act. (Doc. #31). The time available to
file an objection to this Report and Recommendation has expired, and therefore this
matter is ripe for review.
After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify the magistrate judge's

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report and recommendation. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright,
681 F.2d 732 (11th Cir. 1982).

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. § 636(b)(1)(C). The district judge
reviews legal conclusions de novo, even in the absence of an objection. See CooperHouston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After conducting an independent examination of the file and upon consideration of
Judge Mirando's findings and recommendations, the Court accepts the Report and
Recommendation (Doc. #31).
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #31) is ACCEPTED AND ADOPTED
and the findings incorporated herein.
2. The Parties' Amended Joint Motion to Approve Settlement Agreement and
Stipulation for Dismissal with Prejudice (Doc. #30) is GRANTED, and the Settlement
Agreement (Doc. #30-1; Doc. #30-2) is approved as fair and reasonable.
3. The Clerk of Court is DIRECTED to enter judgment accordingly, dismiss the
case with prejudice, terminate all deadlines and motions, and close the file.
DONE and ORDERED in Fort Myers, Florida, this 16th day of September, 2015.

Copies: All Parties of Record

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