Arbelaez v. Adler Realty Services, LLC

Filing 24

OPINION AND ORDER granting 22 Motion for approval of settlement agreement; adopting 23 Report and Recommendations; approving Amended Settlement Agreement. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 5/8/2017. (RKR)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ANNE ARBELAEZ, individual, an Plaintiff, v. Case No: 2:16-cv-563-FtM-99CM ADLER REALTY SERVICES, LLC, a Florida limited liability company, Defendant. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #23), filed April 21, 2017, recommending that the Notice of Compliance With This Court's Order of April 7, 2017 (Doc. #22), construed as a renewed motion for approval of settlement, be granted, the attached Amended Settlement Agreement (Doc. #22-1) 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). 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. #23) is hereby adopted and the findings incorporated herein. 2. The parties' renewed motion for approval of settlement agreement (Doc. #22) is Agreement (Doc. #22-1) is granted, approved and as the a Amended fair and Settlement 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 May, 2017. - 2 - 8th day of Copies: Hon. Carol Mirando United States Magistrate Judge Counsel of Record Unrepresented parties - 3 -

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?