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)

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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. - 2 - 31st day Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record - 3 -

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