Wirtz v. Suburban Gas Propane Partners, LLC
Filing
29
OPINION AND ORDER granting 27 Joint Motion to Approve Settlement and for Dismissal; adopting and incorporating 28 Report and Recommendations; approving Settlement Agreement. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending deadlines and motions, and close the file. Signed by Judge John E. Steele on 8/3/2015. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
STEVEN WIRTZ, on behalf of
himself and others similarly
situated,
Plaintiff,
v.
Case No: 2:14-cv-638-FtM-29MRM
SUBURBAN
GAS
PROPANE
PARTNERS, LLC, a Maryland
limited liability company,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #28), filed
July 14, 2015, recommending that the parties' Joint Motion to
Approve Settlement Agreement and for Dismissal With Prejudice
(Doc. #27) be granted, the Settlement Agreement (Doc. #27-1) be
approved, and that the case be 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.
#28)
is
hereby
adopted and the findings incorporated herein.
2.
The
parties'
Joint
Motion
to
Approve
Settlement
Agreement and for Dismissal With Prejudice (Doc. #27) is granted
and the Settlement Agreement (Doc. #27-1) 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
August, 2015.
- 2 -
3rd
day of
Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
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