Vega v. Classic Lawns of Collier, Inc. et al

Filing 23

OPINION AND ORDER granting 20 Motion to approve settlement and to dismiss; adopting and incorporating 21 Report and Recommendations; approving settlement as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 11/5/2015. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RAMON REYES VEGA,
Plaintiff,
v.

Case No: 2:15-cv-259-FtM-29MRM

CLASSIC LAWNS OF COLLIER,
INC., a Florida corporation,
MELIZA
TERRERO,
an
individual,
and
MANUEL
TERRERO, an individual,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #21), filed
November 5, 2015, recommending that the Joint Motion to Approve
Settlement Agreement and to Dismiss With Prejudice (Doc. #20) be
granted, the Settlement Agreement and Employee’s Full and Final
Release of Claims (Doc. #20-1, Exh. A) be approved, and the case
dismissed.

On the same day, the parties filed a Joint Notice of

Non-Opposition to Report and Recommendation Entered on November 5,
2015 (Doc. #22) indicating no objection.
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.

#21)

is

hereby

adopted and the findings incorporated herein.
2.

The

parties'

Joint

Motion

to

Approve

Settlement

Agreement and to Dismiss With Prejudice (Doc. #20) is granted and
the Settlement Agreement and General Release (Doc. #20-1) is
approved as a fair and reasonable resolution of a bona fide
dispute.

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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
November, 2015.

Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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5th

day of