Brownlee v. Landsouth Construction, LLC
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)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LANDSOUTH CONSTRUCTION, LLC,
a Florida limited liability
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.
Stipulation of Non-Objection to Report and Recommendation (Doc.
#20) indicating a waiver of the objection period and seeking
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.
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
adopted and the findings incorporated herein.
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
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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.
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
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