Kleeklamp v. Home Performance Alliance, Inc.

Filing 31

ORDER adopting 29 REPORT AND RECOMMENDATIONS re 28 MOTION for Settlement filed by Home Performance Alliance, Inc. The Report and Recommendation 29 is ACCEPTED and ADOPTED and the findings incorporated herein. The Joint Motion to Appro ve Settlement (Doc. 28) is GRANTED. The Settlement Agreement and Release is approved as a fair and reasonable resolution of the bona fide dispute. The action is DISMISSED with prejudice.The Clerk of Court is DIRECTED to enter judgment, dismiss the case with prejudice, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 6/13/2018. (LMF)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MARIA KLEEKLAMP, on behalf of herself and others similarly situated Plaintiff, v. Case No: 2:17-cv-660-FtM-38MRM HOME PERFORMANCE ALLIANCE, INC., Defendant. / ORDER1 This matter comes before the Court on United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (Doc. 29) on the parties’ Joint Motion to Approve Settlement (Doc. 28). Judge McCoy recommends that the Court accept the parties’ settlement as a fair and reasonable resolution of the dispute. Because the parties agree to waive the fourteen-day objection period (Doc. 30), the Report and Recommendation is ripe for review. 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, 681 F.2d 732 (11th Cir. 1982). Absent specific objections, there is no requirement that a 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. 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 absent an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994). After independently examining the file and on consideration of Judge McCoy’s findings and recommendation, the Court accepts the Report and Recommendation. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 29) is ACCEPTED and ADOPTED and the findings incorporated herein. 2. The Joint Motion to Approve Settlement (Doc. 28) is GRANTED. The Settlement Agreement and Release is approved as a fair and reasonable resolution of the bona fide dispute. 3. The action is DISMISSED with prejudice. 4. The Clerk of Court is DIRECTED to enter judgment, dismiss the case with prejudice, terminate all pending motions and deadlines, and close the file. DONE and ORDERED in Fort Myers, Florida this 13th day of June 2018. Copies: All Parties of Record 2

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?