Campbell v. Gulf Care, Inc.

Filing 33

OPINION AND ORDER adopting and incorporating 31 Report and Recommendations; granting 26 Motion for Approval of Settlement; approving settlement as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice and close the file. Signed by Judge John E. Steele on 10/13/2016. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SHENETA CAMPBELL, on behalf
of
herself
and
others
similarly situated,
Plaintiff,
v.

Case No: 2:15-cv-525-FtM-99CM

GULF CARE, INC., a Florida
not for profit corporation,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #31), filed
October 12, 2016, recommending that the parties' Amended Joint
Motion

for

Approval

of

an

FLSA

Settlement

Agreement

and

for

Dismissal With Prejudice (Doc. #26), as supplemented by the Notice
of Compliance (Doc. #30), be granted, the (second) settlement
agreement be approved, and the case dismissed with prejudice.
parties

filed

a

Joint

Notice

of

Non-Objection

to

The

Report

&

Recommendation (Doc. #32) 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.

#31)

is

hereby

adopted and the findings incorporated herein.
2.

The parties' Amended Joint Motion for Approval of an

FLSA Settlement Agreement and for Dismissal With Prejudice (Doc.
#26) is granted, and the Settlement Agreement and Mutual Release

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(Doc. #30-1) 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
of October, 2016.

Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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13th

day