Gregorius v. NPC International, Inc.

Filing 30

OPINION AND ORDER denying without prejudice 27 Motion for Settlement; adopting 28 Report and Recommendations; lifting stay. The Clerk shall reopen the case. Signed by Judge John E. Steele on 7/31/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CHAD GREGORIUS, on behalf of
himself
and
all
others
similarly situated,
Plaintiff,
v.

Case No:

2:16-cv-593-FtM-99MRM

NPC INTERNATIONAL, INC., a
Foreign profit corporation,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #28), filed
July 14, 2017, recommending that that the stay be lifted and the
case reopened, and the parties' Joint Motion to Approve Settlement
(Doc. #27) be denied without prejudice.

No objections have been

filed, and the parties filed a Second Joint Motion for Approval of
FLSA Settlement (Doc. #29) on July 27, 2017.
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
noting that the parties have complied with the options presented
by the Magistrate Judge to file an amended joint motion, or to
file a notice indicating the status of the compelled arbitration,
the Court adopts the recommendation.
Accordingly, it is now
ORDERED:
1.

The

Report

and

Recommendation

(Doc.

#28)

is

hereby

adopted and the findings incorporated herein.
2.

The stay is lifted and the Clerk shall reopen the case.

3.

The parties' Joint Motion to Approve Settlement (Doc.

#27) is denied without prejudice.
DONE and ORDERED at Fort Myers, Florida, this
of July, 2017.

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31st

day

Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record

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