Brownlee v. Landsouth Construction, LLC

Filing 21

OPINION AND ORDER granting 18 Motion for Approval of Settlement; approving settlement agreement; adopting and incorporating 19 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 9/14/2017. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION PAULA BROWNLEE, Plaintiff, v. Case No: 2:17-cv-141-FtM-99CM LANDSOUTH CONSTRUCTION, LLC, a Florida limited liability company, Defendant. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #19), filed September 6, 2017, recommending that the parties' Joint Motion for Approval of Settlement (Doc. #18) be granted, that the attached Settlement Agreement be approved, and that the case be dismissed. On September 7, 2017, the parties filed a Joint Notice and Stipulation of Non-Objection to Report and Recommendation (Doc. #20) indicating a waiver of the objection period and seeking approval. 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. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #19) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion for Approval of Settlement (Doc. #18) is granted, and the Settlement Agreement (Doc. #18, Exh. A) is approved as a fair and reasonable resolution of a bona fide dispute. - 2 - 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 September, 2017. Copies: Hon. Carol Mirando United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 14th day

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