Aguiar v. Real Monarca Inc et al

Filing 41

ORDER adopting 39 REPORT AND RECOMMENDATIONS re 38 Joint MOTION for Settlement Agreement Approval and Dismiss with Prejudice (Renewed) filed by Jam Aguiar. The Report and Recommendation 39 is ACCEPTED and ADOPTED and incorpora ted into this Order. a. The parties' Renewed Joint Motion for Approval of Settlement Agreement and Entry of an Order of Dismissal with Prejudice 38 is GRANTED. b. The Settlement Agreement (Doc. [38-1]) is APPROVED as a fair and reasonable reso lution of the parties' bona fide dispute.The action is DISMISSED with prejudice. The Clerk is DIRECTED to enter judgment accordingly, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 3/28/2019. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JAM AGUIAR,
Plaintiff,
v.

Case No: 2:18-cv-116-FtM-38UAM

REAL MONARCA INC and
GUILLERMO CUEVAS,
Defendants.
/
OPINION AND ORDER1
Before the Court is Magistrate Judge Douglas N. Frazier’s Report and
Recommendation. (Doc. 39). Judge Frazier recommends granting the parties’ Renewed
Joint Motion for Approval of Settlement Agreement and Entry of an Order of Dismissal
with Prejudice (Doc. 38) and approving their Settlement Agreement (Doc. 38-1). (Doc.
39 at 1, 4).

The parties filed a Joint Notice of Non-Objection to the Report and

Recommendation, stating that neither objects. (Doc. 40). The matter 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,

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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 careful consideration and an independent review of the file, the Court accepts
and adopts the Report and Recommendation (Doc. 39) in full.
Accordingly, it is now ORDERED:
1. The Report and Recommendation (Doc. 39) is ACCEPTED and ADOPTED
and incorporated into this Order.
a. The parties’ Renewed Joint Motion for Approval of Settlement
Agreement and Entry of an Order of Dismissal with Prejudice (Doc. 38)
is GRANTED.
b. The Settlement Agreement (Doc. 38-1) is APPROVED as a fair and
reasonable resolution of the parties’ bona fide dispute.
2. The action is DISMISSED with prejudice.
3. The Clerk is DIRECTED to enter judgment accordingly, terminate all pending
motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 28th day of March, 2019.

Copies: All Parties of Record

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