Losey et al v. BB Locksmith, Inc.

Filing 32

OPINION AND ORDER granting 29 Motion to Approve Settlement; approving settlement; adopting and incorporating 30 Report and Recommendations. The Clerk shall enter judgment dismissing the claims of Gary Dickson with prejudice. Finding no issues remaining to be tried, the Clerk shall terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 8/2/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MARK LOSEY, individually and
on behalf of all others
similarly situated, SUSAN
NELSON, individually and on
behalf
of
all
others
similarly situated, and GARY
DICKSON, individually and on
behalf
of
all
others
similarly situated,
Plaintiffs,
v.

Case No:

2:17-cv-29-FtM-99CM

BB LOCKSMITH, INC.,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #30), filed
July 14, 2017, recommending that that the Joint Motion to Approve
Settlement and to Dismiss Action With Prejudice (Doc. #29) be
granted, the settlement approved, and the case dismissed.

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
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).
The settlement agreement relates only to the claims of Gary
Dickson

against

defendant.

Plaintiffs

Mark

Losey

and

Susan

Nelson’s claims were settled without compromise, and their claims
are

being

dismissed

by

separate

order.

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.

#30)

is

hereby

adopted and the findings incorporated herein.
2.
Dismiss

The parties' Joint Motion to Approve Settlement and to
Action

Settlement

With

Agreement

Prejudice
and

(Doc.

Mutual

#29)

Release

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is

granted

(Doc.

#29,

and
p.

6)

the
is

approved as a fair and reasonable resolution of a bona fide
dispute.
3.

The Clerk shall enter judgment dismissing the claims of

Gary Dickson with prejudice.
4.

Finding no issues remaining to be tried, the Clerk shall

terminate all deadlines and motions, and close the file.
DONE and ORDERED at Fort Myers, Florida, this
August, 2017.

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

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2nd

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