D'Amato v. Palm River MHP, LLC et al

Filing 29

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)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DIANE D’AMATO, individual, an Plaintiff, v. Case No: 2:18-cv-430-FtM-29NPM PALM RIVER MHP, LLC, a Florida corporation and RAYMOND PERRINE, an individual, Defendants. 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. 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). The settlement includes a provision for plaintiff’s attorney fees. The separately parties from the indicated that settlement the fees terms. were After negotiated 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. #28) is hereby adopted and the findings incorporated herein. 2. for The parties' Joint Motion to Approve FLSA Settlement and Dismissal Settlement With Agreement Prejudice (Doc. (Doc. #27-1) is #27) is approved reasonable resolution of a bona fide dispute. - 2 - granted as a and the fair and 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 October, 2019. Copies: Hon. Nicholas P. Mizell United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 8th day of

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