Weber v. Paramount Transportation Logistics Services, LLC et al

Filing 57

ORDER adopting 55 REPORT AND RECOMMENDATIONS re 52 Joint MOTION for miscellaneous relief, specifically Approval of Settlement and Incorporated Memorandum of Law filed by Thomas Weber. The Report and Recommendation (Doc. 55 ) is ACCEPTED and ADOPTED. The Renewed Joint Motion for Approval of Settlement (Doc. 52 ) is GRANTED. The action is DISMISSED with prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly, dismiss the case with prejudice, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 11/16/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
THOMAS WEBER, on behalf of himself
and those similarly situated
Plaintiff,
v.

Case No: 2:17-cv-627-FtM-38CM

PARAMOUNT TRANSPORTATION
LOGISTICS SERVICES, LLC, R&L
CARRIERS, INC. and AFC
WORLDWIDE EXPRESS, INC.,
Defendants.
/
ORDER1
Before the Court is United States Magistrate Judge Carol Mirando’s Report and
Recommendation. (Doc. 55). Judge Mirando recommends that the parties’ Renewed
Joint Motion for Approval of Settlement (Doc. 52) be granted. The parties also filed a
Joint Notice of Non-Objection. (Doc. 56). For the following reasons, the Court accepts
and adopts Judge Mirando’s Report and Recommendation.
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. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright,

1

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or
websites. These hyperlinks are provided only for users’ convenience. Users are
cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By
allowing hyperlinks to other websites, this Court does not endorse, recommend, approve,
or guarantee any third parties or the services or products they provide on their websites.
Likewise, the Court has no agreements with any of these third parties or their websites.
The Court accepts no responsibility for the availability or functionality of any hyperlink.
Thus, the fact that a hyperlink ceases to work or directs the user to some other site does
not affect the opinion of the Court.

681 F.2d 732 (11th Cir. 1982).

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, 28 U.S.C. § 636(b)(1)(C). The district judge
reviews legal conclusions de novo, even in the absence of an objection. See CooperHouston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After independently examining the file and on consideration of Judge Mirando’s
findings and recommendation, the Court accepts and adopts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
The Report and Recommendation (Doc. 55) is ACCEPTED and ADOPTED.
1. The Renewed Joint Motion for Approval of Settlement (Doc. 52) is GRANTED.
2. The action is DISMISSED with prejudice.
3. The Clerk of Court is DIRECTED to enter judgment accordingly, dismiss the
case with prejudice, terminate all pending motions and deadlines, and close
the file.
DONE and ORDERED in Fort Myers, Florida this 14th day of November 2018.

Copies: All Parties of Record

2