Veshia v. Ameditransm, Incorporated et al

Filing 23

OPINION AND ORDER granting 21 Motion to Approve Settlement; adopting and incorporating 22 Report and Recommendations; approving settlement as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending deadlines, and close the file. Signed by Judge John E. Steele on 9/15/2016. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION STEVEN VESHIA, Plaintiff, v. Case No: 2:16-cv-422-FtM-29MRM AMEDITRANSM, INCORPORATED, a Florida profit corporation, CB MORENO, LLC, a Florida limited liability company, and CHARLES B. MORANO, individually, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #22), filed August 26, 2016, recommending that the Joint Motion to Approve Settlement (Doc. #21) be granted, the Settlement Agreement (Doc. #21-1) be approved, and that 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). 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. #22) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion to Approve Settlement (Doc. #21) is granted and the Settlement Agreement (Doc. #21-1) 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 September, 2016. - 2 - 15th day Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record Unrepresented parties - 3 -

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