Lenox v. Simon's Lawn Care, Inc. et al

Filing 21

OPINION AND ORDER adopting and incorporating 20 Report and Recommendations; approving 19 Settlement. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 3/10/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROBERT LENOX,
Plaintiff,

v.

Case No: 2:16-cv-829-FtM-99CM

SIMON’S LAWN CARE, INC., a
Florida profit corporation
and
A.J.
SIMON,
individually,
Defendants.

OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #20), filed
February

23,

2017,

recommending

that

the

parties'

re-filed

Settlement Agreement and Release of All Wage Related Claims be
approved (Doc. #19-1) 1, and the case dismissed with prejudice.

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

1

On January 25, 2017, the Magistrate Judge denied the
parties’ Joint Motion to Approve Settlement Agreement and
Stipulation for Dismissal with Prejudice without prejudice to
refiling a settlement agreement without a confidentiality
provision. (Doc. #18.)

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
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.

#20)

is

hereby

adopted and the findings incorporated herein.
2.

The parties' Settlement Agreement and General Release

(Doc. #19-1) is approved as a fair and reasonable resolution of a
bona fide dispute.

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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
of March, 2017.

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

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10th

day