Jernigan v. 1ST Stop Recovery, Inc et al
Filing
46
OPINION AND ORDER denying 41 Motion to Approve Settlement; adopting 44 Report and Recommendations. The amended motion will be referred. Signed by Judge John E. Steele on 4/16/2018. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DOROTHY JERNIGAN, on behalf
of
herself
and
others
similarly situated,
Plaintiff,
v.
Case No:
2:17-cv-265-FtM-99MRM
1ST STOP RECOVERY, INC, a
Florida
for
Profit
Corporation, and and JUDITH
MARRA-PTASHINSKI,
individually,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #44), filed
April 2, 2018, recommending that the Joint Motion to Approve
Settlement Agreement (Doc. #41) be denied, and the parties be
directed to elect one of two options to file an amended motion or
to proceed with the case.
No objections were filed, and on April
16, 2018, the parties filed their amended Joint Motion to Approve
Settlement
Agreement
and
Joint
Stipulation
for
Dismissal
of
Lawsuit With Prejudice (Doc. #45).
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 this case, the parties do
not object, and have elected one of the proposed options for
approval of the settlement.
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.
#44)
is
hereby
adopted and the findings incorporated herein.
2.
The
parties'
Joint
Motion
to
Approve
Settlement
Agreement (Doc. #41) is denied.
3.
The amended motion will be referred, and remains under
advisement.
DONE and ORDERED at Fort Myers, Florida, this
of April, 2018.
Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 2 -
16th
day
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