Rivera v. Golfview Golf & Racquet Club Community Associations, Inc. et al

Filing 43

ORDER adopting 41 REPORT AND RECOMMENDATIONS re 40 Joint MOTION for Settlement Agreement and Stipulation for Dismissal with Prejudice filed by Dennis Catoe, Golfview Golf & Racquet Club Community Associations, Inc., Daisy Rive ra. The Report and Recommendation 41 is ACCEPTED AND ADOPTED and the findings incorporated herein. The parties' Joint Motion to Approve Settlement Agreement and Stipulation for Dismissal with Prejudice (Doc. #40) is GRANTED, and the Settleme nt Agreement and General Release [40-1] 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 9/11/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DAISY RIVERA,
Plaintiff,
v.

Case No: 2:14-cv-718-FtM-38MRM

GOLFVIEW GOLF & RACQUET CLUB
COMMUNITY ASSOCIATIONS, INC.
and DENNIS CATOE,
Defendants.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy's Report and Recommendation (Doc. #41) filed on September 8, 2015. Judge
McCoy recommends granting the parties' Joint Motion to Approve Settlement Agreement
and Stipulation for Dismissal with Prejudice (Doc. #40) and approving the Settlement
Agreement and General Release (Doc. #40-1) as a fair and reasonable resolution of a
bona fide dispute under the Fair Labor Standards Act. (Doc. #41). The parties do not
object to the Report and Recommendation. (Doc. #42). Thus, 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

1

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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 independently examining the file and upon considering Judge McCoy's
findings and recommendations, the Court accepts the Report and Recommendation (Doc.
#41).
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #41) is ACCEPTED AND ADOPTED
and the findings incorporated herein.
2. The parties' Joint Motion to Approve Settlement Agreement and Stipulation for
Dismissal with Prejudice (Doc. #40) is GRANTED, and the Settlement Agreement and
General Release (Doc. #40-1) 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 11th day of September, 2015.

Copies: All Parties of Record

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