Anguelov v. Event Parking, Inc. et al
Filing
64
OPINION AND ORDER granting 62 Motion to Approve Settlement; adopting 63 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 2/1/2018. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KALOYAN
ANGUELOV,
for
himself and on behalf of
those similarly situated,
Plaintiff,
v.
Case No:
2:16-cv-273-FtM-29CM
EVENT
PARKING,
INC.,
a
Florida profit corporation
and
KENNETH
BENSON,
individually,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #63), filed
January 17, 2018, recommending that plaintiffs’ 1 Unopposed Motion
to Approve Settlement Agreement and Stipulation for Dismissal With
Prejudice (Doc. #62) be granted, and the case be 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).
1
In the absence of specific
Nikolay Korichkov joined the case as an opt-in plaintiff.
(Doc. #6.)
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).
Plaintiffs entered into a Settlement Agreement and Release of
Claims for Unpaid Wages (Doc. #62-1) with the defaulted parties.
The Magistrate Judge recommends that the settlement agreement is
fair and reasonable, and that it was reached separately from the
issue
of
attorney’s
fees.
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.
#63)
is
hereby
adopted and the findings incorporated herein.
2.
Plaintiffs'
Unopposed
Motion
to
Approve
Settlement
Agreement and Stipulation for Dismissal With Prejudice (Doc. #62)
is granted and the Settlement Agreement and Release of Claims for
- 2 -
Unpaid Wages (Doc. #62-1) 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
February, 2018.
Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
1st
day of
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