Delgado et al v. Gator Mulch of S.W. Florida, Inc. et al
Filing
42
OPINION AND ORDER granting 40 Amended Motion to Approve Settlement; approving settlement agreement; adopting and incorporating 41 Report and Recommendations. The case is administratively closed through May 1, 2020. The Clerk shall terminate all pending deadlines and motions in light of the administrative closure. See Opinion and Order for details. Signed by Judge John E. Steele on 9/19/2018. (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. #41), filed
September 4, 2018, recommending that the Amended Joint Motion to
Approve Settlement Agreement (Doc. #40) be granted, the settlement
be approved, and the Court retain jurisdiction until May 1, 2020.
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.
The Court will administratively close the case for the period of
time agreed to for monthly payments of settlement proceeds.
Accordingly, it is now
ORDERED:
1.
The
Report
and
Recommendation
(Doc.
#41)
is
hereby
adopted and the findings incorporated herein.
2.
The parties' Amended Joint Motion to Approve Settlement
Agreement (Doc. #40) is granted and the Settlement Agreement and
Release of Wage Claims (Doc. #40-1) is approved as a fair and
reasonable resolution of a bona fide dispute.
3.
The case is hereby DISMISSED, without prejudice and
subject to the right of the parties until May 1, 2020, to submit
- 2 -
a stipulated form of final order or judgment, or request an
extension of time should they so choose, or for any party to move
to reopen the action, upon good cause being shown.
After May 1,
2020, however, without further notice or order, this dismissal
shall be deemed with prejudice and judgment will be entered.
The
Clerk is directed to terminate any previously scheduled deadlines
and pending motions, and administratively close the case pending
further Order.
DONE and ORDERED at Fort Myers, Florida, this
of September, 2018.
Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
19th
day
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