Golladay v. ABC Electric Service, Inc. et al

Filing 34

OPINION AND ORDER adopting and incorporating 32 Report and Recommendations; granting 31 Motion to Approve Settlement; approving Settlement Agreement as fair and reasonable; dismissing case with prejudice. The Clerk shall enter judgment, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 9/6/2016. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOHN GOLLADAY, for himself
and on behalf of those
similarly situated,
Plaintiff,
v.

Case No: 2:15-cv-377-FtM-99MRM

ABC ELECTRIC SERVICE, INC.,
a Florida profit corporation
and
JOSEPH
A.
ABRAHAM,
individually,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #32), filed
August 18, 2016, recommending that the parties' Joint Motion to
Approve Settlement Agreement and Stipulation for Dismissal With
Prejudice (Doc. #31) be granted, the Settlement Agreement and
Mutual General Release of Claims (Doc. #31-1) be approved, and the
case dismissed with prejudice.

On August 23, 2016, the parties

filed a Joint Notice of Non-Objection to Report and Recommendation
(Doc. #33).
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.

#32)

is

hereby

adopted and the findings incorporated herein.
2.

The

parties'

Joint

Motion

to

Approve

Settlement

Agreement and Stipulation for Dismissal With Prejudice (Doc. #31)
is granted and the Settlement Agreement and Mutual General Release

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of Claims (Doc. #31-1) 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
September, 2016.

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

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6th

day of