Miller v. Environmental Turnkey Solutions, LLC et al
Filing
38
OPINION AND ORDER adopting 37 Report and Recommendations; granting 36 Motion to approve settlement and to dismiss; approving the settlement as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 5/10/2017. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
WILLIAM MILLER,
Plaintiff,
v.
Case No: 2:15-cv-732-FtM-29CM
ENVIRONMENTAL
TURNKEY
SOLUTIONS, LLC, a Florida
corporation and ANTHONY M.
CIALONE, an individual,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #37), filed
April 25, 2017, recommending that the Joint Motion to Approve
Settlement Agreement and to Dismiss With Prejudice (Doc. #36) be
granted, the Settlement Agreement and Full and Final Release of
Claims (Doc. #36-1) 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.
#37)
is
hereby
adopted and the findings incorporated herein.
2.
The
parties'
Joint
Motion
to
Approve
Settlement
Agreement and to Dismiss With Prejudice (Doc. #36) is granted and
the Settlement Agreement and Full and Final Release of Claims (Doc.
#36-1) 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 May, 2017.
Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties
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10th
day
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