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)
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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