Jernigan v. 1ST Stop Recovery, Inc et al
Filing
49
OPINION AND ORDER granting 45 Motion to Approve Settlement; adopting and incorporating 47 Report and Recommendations; approving settlement agreement. 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 5/7/2018. (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. #47), filed
April 17, 2018, recommending that the Joint Motion to Approve
Settlement
Agreement
and
Joint
Stipulation
for
Dismissal
of
Lawsuit With Prejudice (Doc. #45) 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.
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.
#47)
is
hereby
adopted and the findings incorporated herein.
2.
The
parties'
Joint
Motion
to
Approve
Settlement
Agreement and Joint Stipulation for Dismissal of Lawsuit With
Prejudice (Doc. #45) is granted and the Settlement Agreement and
Release of FLSA Claims (Doc. #45-1) 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
May, 2018.
Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
7th
day of
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?