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)

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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 - 2 - (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 - 3 - 13th day

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