Cotter v. Southern Transcription Services, Inc. et al

Filing 24

OPINION AND ORDER granting 20 Motion to approve Settlement; approving settlement; adopting and incorporating 22 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 8/21/2017. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ELLEN COTTER, Plaintiff, v. Case No: 2:17-cv-209-FtM-29CM SOUTHERN TRANSCRIPTION SERVICES, INC., a Georgia profit corporation and HANNAH BROOKS MORRIS, individually, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #22), filed August 7, 2017, recommending that that the parties' Joint Motion to Approve Settlement Agreement and Stipulation for Dismissal With Prejudice (Doc. #20) be granted, the settlement be approved, and the case dismissed. On August 15, 2017, the parties filed a Joint Notice of Non-Objection to Report and Recommendations (Doc. #23) indicating no objections. 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. #22) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion to Approve Settlement Agreement and Stipulation for Dismissal With Prejudice (Doc. #20) is granted and the Settlement Agreement and Mutual General Release of Claims (Doc. #21-1) 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 August, 2017. Copies: Hon. Carol Mirando United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 21st day

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