Popoli v. Ft. Myers Lodge #1899 Loyal Order of Moose, Inc.
Filing
45
OPINION AND ORDER granting 42 Motion for dismissal with prejudice and settlement approval; adopting and incorporating 43 Report and Recommendations; approving settlement as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending deadlines and motions (terminating 12 Motion to Dismiss), and close the file. Signed by Judge John E. Steele on 3/7/2016. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JAYE POPOLI, on her own
behalf and all similarly
situated individuals,
Plaintiff,
v.
Case No: 2:15-cv-311-FtM-29CM
FT. MYERS LODGE #1899 LOYAL
ORDER OF MOOSE, INC., a
Florida non profit
corporation,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #43), filed
March 2, 2016, recommending that the parties' Amended Joint Motion
for Dismissal With Prejudice and Settlement Approval (Doc. #42) be
granted, the Settlement Agreement (Doc. #39-1) be approved, and
the case dismissed.
On the same day, the parties filed a Joint
Notice of Non-Opposition to Report and Recommendation (Doc. #44)
expressing no objections.
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
finding that the $43,000.00 in attorney’s fees was separately
negotiated, the Court agrees that the settlement may be approved
as reasonable on its face, and without separately considering the
reasonableness of the fee paid to plaintiff’s counsel.
Bonetti
v. Embarq Mgmt. Co., 715 F. Supp. 2d 1222, 1228 (M.D. Fla. 2009).
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' Amended Joint Motion for Dismissal With
Prejudice and Settlement Approval (Doc. #42) is granted and the
- 2 -
Settlement Agreement and Release (Doc. #39-1) 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
March, 2016.
Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
7th
day of
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