Vansickle v. Pebbleworks Pool Surfacing, Inc. et al
Filing
41
OPINION AND ORDER granting 39 Joint Motion for Approval of Settlement; adopting and incorporating 40 Report and Recommendations; approving Settlement Agreement as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending matters, and close the file. Signed by Judge John E. Steele on 12/15/2015. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PAMELA VANSICKLE, on behalf
of
herself
and
others
similarly situated,
Plaintiff,
v.
Case No: 2:15-cv-131-FtM-29MRM
PEBBLEWORKS POOL SURFACING,
INC.,
a
Florida
profit
corporation
and
CRAIG
LASCOMB, individually,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s 1 Report and Recommendation (Doc. #40), filed
October 15, 2015, recommending that the Joint Motion for Approval
of Settlement (Doc. #39) be granted, the Settlement Agreement be
approved, 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.
1
The Honorable Carol
conference in this case.
Mirando
conducted
the
28 U.S.C. §
settlement
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 who
conducted
the
settlement
conference
between
the
parties
and
reviewed the settlement documentation.
Accordingly, it is now
ORDERED:
1.
The
Report
and
Recommendation
(Doc.
#40)
is
hereby
adopted and the findings incorporated herein.
2.
The parties' Joint Motion for Approval of Settlement
(Doc. #39) is granted and the Settlement Agreement (Doc. #39-1) is
- 2 -
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
of December, 2015.
Copies:
Hon. Mac R. McCoy
Hon. Carol Mirando
Counsel of Record
Unrepresented parties
- 3 -
15th
day
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