Delgado et al v. Gator Mulch of S.W. Florida, Inc. et al
Filing
39
OPINION AND ORDER denying without prejudice 37 Motion to Approve Settlement; adopting and incorporating 38 Report and Recommendations. On or before August 28, 2018, the parties shall file an amended motion that adequately addresses the issues raised by the Magistrate Judge. If no motion is filed, the Court will assume that the parties have elected to continue to prepare the case for trial as scheduled. Signed by Judge John E. Steele on 8/10/2018. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ALDO
DELGADO
MENDEZ,
and
DAMIAN
Plaintiffs,
v.
Case No:
2:17-cv-411-FtM-99MRM
GATOR MULCH OF S.W. FLORIDA,
INC.,
a
Florida
profit
corporation, as successor in
interest
to
Florida
Spreading
Services,
LLC,
MANUEL
GAMEZ-NINO,
individually,
and
HEIDI
SARIOL, individually,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #38), filed
July 26, 2018, recommending that the Joint Motion to Approve
Settlement Agreement (Doc. #37) be denied without prejudice, with
direction that the parties elect one of two options no later than
August 28, 2018.
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).
The
Magistrate
Judge
found
deficiencies
that
precluded
approval of the parties’ settlement, including the failure to
address why the Mutual General Release of Claims was fair and
reasonable.
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.
#38)
is
hereby
adopted and the findings incorporated herein.
2.
The
parties'
Joint
Motion
to
Approve
Agreement (Doc. #37) is denied without prejudice.
- 2 -
Settlement
3.
On or before August 28, 2018, the parties shall file an
amended motion that adequately addresses the issues raised by the
Magistrate Judge.
If no motion is filed, the Court will assume
that the parties have elected to continue to prepare the case for
trial as scheduled.
DONE and ORDERED at Fort Myers, Florida, this
of August, 2018.
Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
10th
day
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