Toro-Angulo v. Hometown Ventures, LLC et al

Filing 32

OPINION AND ORDER granting 29 Motion to Approve Settlement and dismiss; adopting 30 Report and Recommendations; approving Settlement. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending motions and deadlines, and close the file. Signed by Judge John E. Steele on 8/11/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ANDRY TORO-ANGULO, on behalf
of
herself
and
those
similarly situated,
Plaintiff,
v.

Case No:

2:16-cv-294-FtM-29CM

HOMETOWN VENTURES, LLC, a
Florida limited liability
company and ALEX JIVANI,
individually,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #30), filed
August 3, 2017, recommending that plaintiff's Unopposed Motion to
Approve Settlement Agreement and to Dismiss With Prejudice (Doc.
#29)

be

granted,

dismissed.

the

settlement

be

approved,

and

the

case

On August 4, 2017, plaintiff filed a Notice of Non-

Objection (Doc. #31) to the report and recommendation.
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.

#30)

is

hereby

adopted and the findings incorporated herein.
2.

Plaintiff's

Unopposed

Motion

to

Approve

Settlement

Agreement and to Dismiss With Prejudice (Doc. #29) is granted and
the Settlement Agreement and Release (Doc. #29-1) 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 August, 2017.

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

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11th

day