D'Amato v. Palm River MHP, LLC et al
OPINION AND ORDER granting 27 Motion to approve settlement; adopting 28 Report and Recommendations; approving settlement agreement. 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 10/8/2019. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PALM RIVER MHP, LLC, a
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #28), filed
September 17, 2019, recommending that the Joint Motion to Approve
FLSA Settlement and for Dismissal With Prejudice (Doc. #27) be
granted, the Settlement Agreement (Doc. #27-1) be approved, and
that defendants be dismissed with prejudice.
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.
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).
The settlement includes a provision for plaintiff’s attorney
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
adopted and the findings incorporated herein.
The parties' Joint Motion to Approve FLSA Settlement and
reasonable resolution of a bona fide dispute.
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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
Hon. Nicholas P. Mizell
United States Magistrate Judge
Counsel of Record
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