Cruz et al v. Impro Synergies, LLC
Filing
42
OPINION AND ORDER adopting and incorporating 41 Report and Recommendations; granting 40 Motion for Approval of Settlement; approving Settlement Agreement. The Clerk shall enter judgment dismissing the case with prejudice and without the Court retaining jurisdiction, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 10/2/2015. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ORLANDO CRUZ, an individual
and
ALBERTO
CRUZ,
an
individual,
Plaintiffs,
v.
Case No: 2:14-cv-601-FtM-29CM
IMPRO
SYNERGIES,
LLC,
a
Florida limited liability
company,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #41), filed
September 14, 2015, recommending that the parties' Renewed Joint
Motion for Approval of Settlement and Dismiss Case With Prejudice
(Doc. #40) be granted, the Settlement Agreement (Doc. #40-1) be
approved, jurisdiction over enforcement of the settlement not be
retained, and the case dismissed with prejudice.
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.
#41)
is
hereby
adopted and the findings incorporated herein.
2.
The
parties'
Renewed
Joint
Motion
for
Approval
of
Settlement and Dismiss Case With Prejudice (Doc. #40) is granted
and the Settlement Agreement (Doc. #40-1) is approved as a fair
and reasonable resolution of a bona fide dispute.
- 2 -
3.
The Clerk shall enter judgment dismissing the case with
prejudice and without the Court retaining jurisdiction, terminate
all deadlines and motions, and close the file.
DONE and ORDERED at Fort Myers, Florida, this
October, 2015.
Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
2nd
day of
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