Garvey v. JHS Builders, LLC et al

Filing 29

OPINION AND ORDER granting 25 Motion to approve settlement agreement and stipulation; adopting and incorporating 27 Report and Recommendations; approving settlement. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 12/3/2018. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MICHAEL GARVEY,
Plaintiff,
v.

Case No:

2:18-cv-47-FtM-99CM

JHS BUILDERS, LLC, a Florida
limited liability company
and
IAN
C.
SCHMOYER,
individually,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #27), filed
November 29, 2018, recommending that that the Joint Motion to
Approve Settlement Agreement and Stipulation for Dismissal With
Prejudice (Doc. #25) be granted, and the case dismissed with
prejudice.
of

On November 30, 2018, the parties filed a Joint Notice

Non-Objection

to

Report

and

Recommendation

(Doc.

#28)

indicating no objections.
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.

#27)

is

hereby

adopted and the findings incorporated herein.
2.

The

parties'

Joint

Motion

to

Approve

Settlement

Agreement and Stipulation for Dismissal With Prejudice (Doc. #25)
is granted and the Settlement Agreement and Release of claims (Doc.
#26-1) is approved as a fair and reasonable resolution of a bona
fide dispute.

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3.

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
December, 2018.

Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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3rd

day of