Serbonich v. Pacifica Fort Myers, LLC et al

Filing 42

OPINION AND ORDER granting in part and denying in part 39 Motion for Approval of Settlement; adopting and incorporating 40 Report and Recommendations; approving settlement. The Clerk shall enter judgment dismissing the case with prejudice without the Court retaining jurisdiction and close the file. Signed by Judge John E. Steele on 5/31/2018. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LORI SERBONICH,
Plaintiff,
v.

Case No:

2:17-cv-528-FtM-29MRM

PACIFICA FORT MYERS, LLC, a
Florida limited liability
company and EXTENDED CARE
PORTFOLIO FLORIDA LLC, a
foreign limited liability
company,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #40), filed May
29, 2018, recommending that the Joint Motion for Approval of
Settlement

(Doc.

#39)

be

granted

in

part,

the

settlement

be

approved, the Court decline to retain jurisdiction, and that the
case be dismissed.

On May 30, 2018, the parties filed a Notice

to the Court That the Parties Have No Objection to the Magistrate
Judge’s Report and Recommendation (Doc. #41).
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.

#40)

is

hereby

adopted and the findings incorporated herein.
2.

The parties' Joint Motion for Approval of Settlement

(Doc. #39) is granted in part and denied in part and the Settlement
Agreement

(Doc.

#39-1)

is

approved

resolution of a bona fide dispute.

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as

a

fair

and

reasonable

3.

The Clerk shall enter judgment dismissing the case with

prejudice without the Court retaining jurisdiction, terminate all
deadlines and motions, and close the file.
DONE and ORDERED at Fort Myers, Florida, this
of May, 2018.

Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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31st

day