Bautista-Cruz et al v. D&K Harvesting, Inc.
Filing
61
OPINION AND ORDER granting 57 Motion for Approval of Settlement and Dismissal; adopting and incorporating 58 Report and Recommendations; approving settlement. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 8/25/2017. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
BALDEMAR
BAUTISTA-CRUZ,
RICARDO
GUERRERO-CHAVERO,
JOSE OMAR MARTINEZ-CORONEL,
ENRIQUE MARTINEZ-ZEFERINO,
LEOPOLDO
ANTONIO
ORTEGA,
EFREN
PICHARDO-HERNANDEZ,
ANTONIO MARCELINO ROSENDO,
EDGAR
DAVID
VELAZQUEZREYES, NORBERTO BAUTISTAJUAREZ,
MARIO
ALBERTO
ROMERO-SANTOS,
JAVIER
RUBIO-HERNANDEZ,
ANTONIO
CORONA-GOMEZ,
REYNALDO
SALAS-LORENZO,
and
JUAN
CARLOS MARTINEZ-PEREZ,
Plaintiffs,
v.
Case No:
2:15-cv-725-FtM-29CM
D&K HARVESTING, INC.,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #58), filed
August 1, 2017, recommending that the parties' Third Joint Motion
for Approval of Settlement and Dismissal With Prejudice (Doc. #57)
be granted, the settlement be approved, and the case dismissed.
No objections have been filed and the time to do so has expired.
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).
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.
#58)
is
hereby
adopted and the findings incorporated herein.
2.
The
parties'
Third
Joint
Motion
for
Approval
of
Settlement and Dismissal With Prejudice (Doc. #57) is granted and
the Proposed Settlement Agreement, Full and Final Release and
Covenant Not to Sue (Doc. #57-1) is approved as a fair and
reasonable resolution of a bona fide dispute.
- 2 -
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 August, 2017.
Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
25th
day
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