Kirchner v. Lavalle et al
Filing
26
OPINION AND ORDER granting 24 Motion to Approve Settlement; adopting and incorporating 25 Report and Recommendations; and approving settlement. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending matters, and close the file. Signed by Judge John E. Steele on 10/17/2017. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
BRUCE KIRCHNER,
Plaintiff,
v.
Case No:
2:17-cv-159-FtM-99CM
LAURA LYNN LAVALLE and JACE
LAVALLE,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #25), filed
October 2, 2017, recommending that the parties' Joint Motion to
Approve Settlement Agreement and Stipulation for Dismissal With
Prejudice (Doc. #24) be granted, the settlement be 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.
28 U.S.C. §
636(b)(1).
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.
#25)
is
hereby
adopted and the findings incorporated herein.
2.
The
parties’
Joint
Motion
to
Approve
Settlement
Agreement and Stipulation for Dismissal With Prejudice (Doc. #24)
is granted and the Settlement Agreement and Release of Claims (Doc.
#24-1) is approved as a fair and reasonable resolution of a bona
fide dispute.
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 October, 2017.
- 2 -
17th
day
Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties
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