Castro v. United States of America

Filing 51

ORDER adopting 49 REPORT AND RECOMMENDATIONS. The Report and Recommendation 49 is ACCEPTED and ADOPTED and the findings incorporated herein. The Motion for Approval of Minor's Settlement 48 is GRANTED. The Court approves the settlem ent in its entirety as in the best interest of the minor M.C. and directs that the settlement amount be distributed according to the terms recommended by the guardian ad litem. Plaintiff is AUTHORIZED to execute all necessary instruments to complete the settlement on M.C.'s behalf. The Clerk is DIRECTED to enter judgment for Plaintiff and against Defendant in the amount of $290,000.00 inclusive of all fees and costs. Signed by Judge Sheri Polster Chappell on 1/19/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
WENDY CASTRO, M.C., a minor, by
and through his mother and natural
guardian
Plaintiff,
v.

Case No: 2:15-cv-378-FtM-38CM

UNITED STATES OF AMERICA,
Defendant.
/
ORDER1
This matter comes before the Court on the Honorable Carol Mirando’s sealed
Report and Recommendation (Doc. #49) filed January 13, 2017.

Judge Mirando

recommends granting the Motion for Approval of Minor’s Settlement (Doc. #48). Neither
party objects to the Report and Recommendation. (Doc. #50).
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. See 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d
732 (11th Cir. 1982). Absent 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

1

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and recommendations, 28 U.S.C. § 636(b)(1)(C).

The district judge reviews legal

conclusions de novo, even absent an objection. See Cooper-Houston v. Southern Ry.
Co., 37 F.3d 603, 604 (11th Cir. 1994).
After independently examining the file, including the Court-appointed guardian ad
litem’s in camera report, the Court accepts the Report and Recommendation (Doc. #49).
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. #49) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) The Motion for Approval of Minor’s Settlement (Doc. #48) is GRANTED. The
Court approves the settlement in its entirety as in the best interest of the minor
M.C. and directs that the settlement amount be distributed according to the
terms recommended by the guardian ad litem.
(3) Plaintiff is AUTHORIZED to execute all necessary instruments to complete the
settlement on M.C.’s behalf.
(4) The Clerk is DIRECTED to enter judgment for Plaintiff and against Defendant
in the amount of $290,000.00 inclusive of all fees and costs.
DONE and ORDERED in Fort Myers, Florida this 19th day of January 2017.

Copies: All Parties of Record

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