Herrera et al v. R+L Freight Services, LLC

Filing 70

OPINION AND ORDER granting 66 Motion for approval of settlement; adopting and incorporating 68 Report and Recommendations; approving Receipts and Releases however the Court declines to retain jurisdiction over their enforcement. The clerk shall enter judgment dismissing the case with prejudice without the Court retaining jurisdiction, terminate all deadlines and motions (terminating 54 Motion to Certify Class), and close the file. Signed by Judge John E. Steele on 9/6/2017. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION LYNN HERRERA, on behalf of themselves and those similarly situated and MARGARET RABER, on behalf of themselves and those similarly situated, Plaintiffs, v. Case No: 2:16-cv-795-FtM-99MRM R & L CARRIERS, INC., an Ohio corporation, PARAMOUNT TRANSPORTATION LOGISTICS SERVICES, LLC, a Florida corporation, and AFC WORLDWIDE EXPRESS, INC., a Georgia corporation, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #68), filed August 31, 2017, recommending that the parties' Joint Motion for Approval of Settlement (Doc. #66) be granted, that the settlements be approved, and the case dismissed without the Court retaining jurisdiction. On September 5, 2017, the parties filed a Joint Notice of Non-Objection to Report and Recommendation (Doc. #69) indicating that no objections would be filed. 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. The undersigned is not inclined to retain jurisdiction over enforcement of the settlements, and therefore the Court agrees that approval be granted with the exception that jurisdiction will not be retained over enforcement of the settlements. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. adopted and the findings incorporated herein. - 2 - #68) is hereby 2. The parties' Joint Motion for Approval of Settlement (Doc. #66) is granted, and the Receipts and Releases (Docs. ## 661, 66-2) are approved as a fair and reasonable resolution of a bona fide dispute however the Court declines to retain jurisdiction over enforcement. 3. The Clerk shall enter judgment dismissing the case with prejudice, and the Court will not retain jurisdiction over the case. 4. The Clerk is further directed to terminate all deadlines and motions, and close the file. DONE and ORDERED at Fort Myers, Florida, this September, 2017. Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 6th day of

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