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)

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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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