Edgerton v. Advanced Disposal Services, Inc.

Filing 23

OPINION AND ORDER granting 21 Motion to approve settlement; adopting 22 Report and Recommendations; approving settlement. Plaintiffs shall reimburse the Clerk for the filing fee and for service of process within 30 days and file a notice indicating that both have been reimbursed. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending deadlines, and close the file. Signed by Judge John E. Steele on 3/20/2018. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
AARON EDGERTON, on behalf of
himself and others similarly
situated,
Plaintiff,
v.

Case No:

2:17-cv-661-FtM-29MRM

ADVANCED DISPOSAL SERVICES,
INC., a Florida corporation,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #22), filed
March 2, 2018, recommending that the parties’ Joint Motion to
Approve

the

Parties'

Settlement

(Doc.

#21)

be

granted,

the

settlement be approved, plaintiff and opt-in plaintiff be directed
to reimburse costs and fees, and the case be dismissed.

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.
Plaintiffs were permitted to proceed without prepayment of costs
of service and the filing fee with the understanding that, if they
prevailed,

plaintiffs

would

advancement of fees and costs.

be

required

to

reimburse

the

(Doc. #6.)

Accordingly, it is now
ORDERED:
1.

The

Report

and

Recommendation

(Doc.

#22)

is

hereby

adopted and the findings incorporated herein.
2.

The

parties'

Joint

Motion

to

Approve

the

Parties'

Settlement (Doc. #21) is granted and the Settlement Agreement (Doc.
#21-1) is approved as a fair and reasonable resolution of a bona
fide dispute.
3.

Plaintiffs shall reimburse the Clerk of Court for the

filing fee ($400) and the United States Marshal’s Office for

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service of process (Doc. #13, $84.99) within THIRTY (30) DAYS of
this Opinion and Order.

Upon compliance, counsel file a notice

indicating that costs and fees have been reimbursed.
4.

The Clerk shall enter judgment dismissing the case with

prejudice, terminate all deadlines and motions, and close the file.
DONE and ORDERED at Fort Myers, Florida, this
of March, 2018.

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

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20th

day