Kiefer v. CSAV Management, LLC et al

Filing 30

OPINION AND ORDER granting 28 Motion to Approve Settlement; adopting and incorporating 29 Report and Recommendations; approving settlement agreement and release. 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 2/28/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CARMEN VANBUSKIRK KIEFER,
Plaintiff,
v.

Case No: 2:15-cv-784-FtM-29MRM

CSAV
MANAGEMENT,
LLC,
a
Florida limited liability
company, CHOKOLOSKEE ISLAND
PARK, LLC, a Florida limited
liability corporation, GARY
R.
PERRINE,
a
Florida
partnership, RAYMOND CLARK
PERRINE,
a
Florida
partnership,
and
DANIELA
PERRINE, individually,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #29), filed
February 10, 2017, recommending that the parties' Joint Motion to
Approve Settlement Agreement and to Dismiss With Prejudice (Doc.
#28) be granted, the attached Settlement Agreement and Release of
All Wage Related Claims (Doc. #28-1) 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)(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.

#29)

is

hereby

adopted and the findings incorporated herein.
2.

The

parties'

Joint

Motion

to

Approve

Settlement

Agreement and to Dismiss With Prejudice (Doc. #28) is granted and
the Settlement Agreement and Release of All Wage Related Claims
(Doc. #28-1) is approved as a fair and reasonable resolution of a
bona fide dispute.

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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 February, 2017.

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

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28th

day