Campbell v. Pincher's Beach Bar Grill Inc.

Filing 70

OPINION AND ORDER granting 59 Motion for Approval of Settlement; adopting and incorporating 68 Report and Recommendations; approving settlement. Counsel for plaintiffs shall identify any heirs/successors/assignees of Ms. Sellers within 60 days, and if unable to do so, return her share of the settlement proceeds to defendant. The Clerk shall administratively close the case for a period of 90 days from this Opinion and Order, after which the case will be dismissed and judgment entered. Signed by Judge John E. Steele on 8/25/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KAREN
CAMPBELL,
on
her
behalf and on behalf of
those similarly situated,
Plaintiff,
v.

Case No:

PINCHER’S
INC.,

BEACH

BAR

2:15-cv-695-FtM-99MRM

GRILL

Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #68), filed
August 24, 2017, recommending that the parties' Joint Motion for
Approval of Settlement Agreement and Entry of an Order of Dismissal
With Prejudice (Doc. #59) be granted and their settlement be
approved, that the Court retain jurisdiction for a period of time
with regard to one opt-in plaintiff, and that the case otherwise
be dismissed.

On the same day, the parties filed a Joint Notice

of Non-Objection (Doc. #69) to the Report and Recommendation.
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).

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,

28

U.S.C.

§

636(b)(1).

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).
The Magistrate Judge directed the parties to brief the issue
of whether a final determination as to certification of the class
was required before a settlement could be approved.
of

the

parties’

determined

that

Magistrate

Judge

Joint

Supplemental

review
further

and

Brief

approval

required

was

(Doc.

After review
#65),

it

appropriate.

signatures

of

the

was
The

opt-in

plaintiffs to confirm that they were in fact afforded the ability
to consider the terms of the settlement, and signed agreements
were provided with the exception of Elizabeth Sellers who is
deceased.

The Magistrate Judge was satisfied that plaintiffs were

afforded the ability to object, and that they did not object.

As

to Ms. Sellers, efforts will be made to provide her share of the
settlement proceeds to her estate or appropriate heir.

- 2 -

After due consideration of the Report and Recommendation, the
Court accepts the Report and Recommendation of the Magistrate
Judge.

The Court will retain jurisdiction for a period of time

to allow counsel to identify the heirs of Ms. Sellers, and defer
the entry of judgment until expiration of this time period.
Accordingly, it is now
ORDERED:
1.

The

Report

and

Recommendation

(Doc.

#68)

is

hereby

adopted and the findings incorporated herein.
2.

The parties' Joint Motion for Approval of Settlement

Agreement and Entry of an Order of Dismissal With Prejudice (Doc.
#59) is granted and the Settlement Agreement and Release of Claims
(Doc. #59-1) is approved as a fair and reasonable resolution of a
bona fide dispute.
3.

Counsel

for

plaintiffs

shall

identify

any

heirs

or

successors or assignees of Ms. Sellers within SIXTY (60) DAYS of
this Opinion and Order.

If counsel is unable to do so, Ms.

Sellers’ share of the settlement proceeds shall be returned to
defendant through defendant’s counsel.
4.

The Clerk shall terminate all deadlines and motions, and

administratively close the case for a period of NINETY (90) DAYS
from the date of this Opinion and Order.

- 3 -

Upon expiration of this

period of time, the Clerk will be directed to enter judgment
dismissing the case with prejudice and to close the file.
DONE and ORDERED at Fort Myers, Florida, this
of August, 2017.

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

- 4 -

25th

day