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)

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.

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8th

day of

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

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