Monlina et al v. Ace Homecare LLC

Filing 126

ORDER adopting 125 Report and Recommendation; granting final approval of the WARN Act settlement; and directing the Clerk to enter WARN Act judgment. Signed by Judge James D. Whittemore on 7/17/2019. (AKA)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TONI MOLINA, et al.,
Plaintiffs,
v.

Case No: 8:16-CV-2214-T-27TGW

ACE HOMECARE LLC, BRL
INVESTMENTS, LLC, ARTHUR
BARLAAN and JOCELYN BARLAAN,
Defendants.
___________________________________/
ORDER
BEFORE THE COURT is the Report and Recommendation from the Magistrate Judge
recommending final approval of the settlement between Plaintiff and Defendants Ace Homecare
LLC and BRL Investments, LLC .1 (Dkt. 125). No party filed objections and the time for doing so
has expired.
A district court may accept, reject or modify a magistrate judge’s report and recommendation.
28 U.S.C. § 636(b)(1). In the absence of specific objections, there is no requirement that factual
findings be reviewed de novo, and the court may accept, reject or modify, in whole or in part, the
findings and recommendations. § 636(b)(1)(C); Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir.
1993). Legal conclusions are reviewed de novo, even in the absence of an objection. See LeCroy v.
McNeil, 397 F. App’x 554, 556 (11th Cir. 2010) (citing United States v. Warren, 687 F.2d 347, 348
(11th Cir. 1982)); Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After conducting a careful and complete review of the findings, conclusions, and
recommendations, and giving de novo review to matters of law,

1

The case remains stayed as to Defendants Arthur Barlaan and Jocelyn Barlaan.

1

1.

The Report and Recommendation (Dkt. 125) is APPROVED and ADOPTED for

all purposes, including for appellate review.
2.

The WARN Act settlement agreement (90-3) is APPROVED.

3.

The Clerk is directed to enter the WARN Act judgment (Dkt. 90-4).

DONE AND ORDERED this 17th day of July, 2019.

/s/ James D. Whittemore
JAMES D. WHITTEMORE
United States District Judge
Copies to: Counsel of Record

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