Prieto v. Scheeler's Cafe De Marco, Inc. et al

Filing 43

OPINION AND ORDER granting 39 Motion to Approve Settlement and Dismiss; adopting and incorporating 42 Report and Recommendations approving settlement. 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 1/24/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GERARDO PRIETO,
Plaintiff,
v.

Case No: 2:16-cv-139-FtM-99CM

SCHEELER’S CAFE DE MARCO,
INC., individually and SANDY
FRANCHINO, individually,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #42), filed
January 9, 2017, recommending that the parties’ Joint Motion to
Approve FLSA Settlement Agreement and to Dismiss With Prejudice
(Doc. #39) be granted, the settlement agreement be approved, and
the case dismissed with prejudice.

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.

#42)

is

hereby

adopted and the findings incorporated herein.
2.

The

parties’

Joint

Motion

to

Approve

Settlement

Agreement and to Dismiss With Prejudice (Doc. #39) is granted and
the Settlement Agreement and General Release (Doc. #41-1) 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 January, 2017.

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24th

day

Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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