Roberts v. Downtown Jerry's, LLC et al
Filing
44
OPINION AND ORDER adopting 43 Report and Recommendations; granting 42 Joint Motion to Approve Settlement Agreement and to Dismiss with Prejudice. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file. See Opinion and Order for details. Signed by Judge John E. Steele on 2/16/2016. (AMB)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
STEPHANIE
ROBERTS,
on
behalf
of
herself
and
others similarly situated,
Plaintiff,
v.
Case No: 2:15-cv-144-FtM-29MRM
DOWNTOWN JERRY’S, LLC, a
Florida limited liability
company and ARNOLD TRAVINO,
an individual,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #43), filed
January 26, 2016, recommending that the parties’ Joint Motion to
Approve Settlement Agreement and to Dismiss with Prejudice (Doc.
#42) be granted and that the Settlement Agreement and Final
Release of Claims (Doc. #42-1) be approved as a fair and reasonable
resolution of a bona fide dispute.
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.
28 U.S.C. § 636(b)(1)(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. #43) is hereby
adopted and the findings incorporated herein.
2.
The
parties'
Joint
Motion
to
Approve
Settlement
Agreement and to Dismiss with Prejudice (Doc. #42) is granted and
the Settlement Agreement and Final Release of Claims (Doc. #42-1)
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.
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DONE and ORDERED at Fort Myers, Florida, this __16th__ day
of February, 2016.
Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties
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