Kynett v. Sai Shyam Hotels, LLC
Filing
49
OPINION AND ORDER granting 47 Motion for Approval of Settlement; adopting 48 Report and Recommendations; approving settlement. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 12/17/2019. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DIANN KYNETT,
Plaintiff,
v.
Case No:
2:18-cv-423-FtM-29MRM
SAI SHYAM HOTELS, LLC, a
Florida limited liability
company,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #48), filed
November 30, 2019, recommending that the Joint Motion for Approval
of Settlement and Dismissal of the Case With Prejudice (Doc. #47)
be granted, the settlement be approved, and that 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.
Accordingly, it is now
ORDERED:
1.
The
Report
and
Recommendation
(Doc.
#48)
is
hereby
adopted and the findings incorporated herein.
2.
The parties' Joint Motion for Approval of Settlement and
Dismissal of the Case With Prejudice (Doc. #47) is granted and the
FLSA Settlement Agreement (Doc. #47-1) is approved as a fair and
reasonable resolution of a bona fide dispute.
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
of December, 2019.
- 2 -
17th
day
Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties
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