Reichenbach v. Healthcare Consultants Alliance LLC et al
Filing
11
OPINION AND ORDER granting in part and denying in part 9 Motion to Approve Settlement; adopting and incorporating 10 Report and Recommendations. The Mutual Non-Disparagement and Neutral Reference clauses in the Settlement Agreement are stricken. 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 7/7/2017. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JULIE REICHENBACH, on behalf
of herself and all others
similarly situated,
Plaintiff,
v.
Case No: 2:17-cv-212-FtM-29MRM
HEALTHCARE
CONSULTANTS
ALLIANCE
LLC,
a
Florida
limited liability company
and
LARRY
BEUER,
individually,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #10), filed
June 19, 2017, recommending that the parties’ Joint Motion to
Approve Settlement (Doc. #9) be granted in part and denied in part
to strike certain clauses from the Settlement Agreement (Doc. #91).
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).
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.
#10)
is
hereby
adopted and the findings incorporated herein.
2.
The
Mutual
Non-Disparagement
and
Neutral
Reference
clauses are hereby stricken from the Settlement Agreement (Doc.
#9-1, ¶¶ 6-7).
3.
The parties' Joint Motion to Approve Settlement (Doc.
#9) is granted to the extent that the Settlement Agreement (Doc.
#9-1) is approved as a fair and reasonable resolution of a bona
fide dispute without the inclusion of the Mutual Non-Disparagement
and Neutral Reference clauses.
- 2 -
4.
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
July, 2017.
Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
7th
day of
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