Serna v. Strada Services, Inc.

Filing 48

ORDER: The report and recommendation (Doc. 47) is affirmed and adopted and incorporated by reference into this Order for all purposes, including appellate review. The "Joint Motion to Approve Settlement Agreement and Dismiss with Prejudi ce" (Doc. 39) is granted. The settlement agreement (Doc. [39-1]) is approved. Pursuant to the settlement agreement, this action is dismissed with prejudice. The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. See Order for details. Signed by Judge Thomas P. Barber on 1/8/2021. (ANL)

Case 8:19-cv-02891-TPB-CPT Document 48 Filed 01/08/21 Page 1 of 3 PageID 169

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DELFINA SERNA,
Plaintiff,
v.

Case No. 8:19-cv-2891-T-60CPT

STRADA SERVICES, INC.,
Defendant.

/

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the report and recommendation of
Christopher P. Tuite, United States Magistrate Judge, entered on January 8, 2021.
(Doc. 47). Judge Tuite recommends that the “Joint Motion to Approve Settlement
Agreement and Dismiss with Prejudice (Doc. 39) be granted and that the settlement
be approved.
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). 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).

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Case 8:19-cv-02891-TPB-CPT Document 48 Filed 01/08/21 Page 2 of 3 PageID 170

The district judge reviews legal conclusions de novo, even in the absence of an
objection. See Cooper-Houston v. S. 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).
Upon consideration of the record, including Judge Tuite’s report and
recommendation, the Court adopts the report and recommendation. The Court
agrees with Judge Tuite’s detailed and well-reasoned findings and conclusions,
including that the settlement agreement constitutes a fair and reasonable
compromise of the dispute. See Lynn’s Food Stores, Inc. v. United States, 679 F.2d
1350, 1353 (11th Cir. 1982). Consequently, the joint motion for approval of
settlement is granted, and the settlement agreement is approved.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
1. Judge Tuite’s report and recommendation (Doc. 47) is AFFIRMED and
ADOPTED and INCORPORATED BY REFERENCE into this Order
for all purposes, including appellate review.
2. The “Joint Motion to Approve Settlement Agreement and Dismiss with
Prejudice” (Doc. 39) is GRANTED. The settlement agreement (Doc. 39-1)
is APPROVED.
3. Pursuant to the settlement agreement, this action is dismissed with
prejudice.

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Case 8:19-cv-02891-TPB-CPT Document 48 Filed 01/08/21 Page 3 of 3 PageID 171

4. The Clerk is directed to terminate any pending motions and deadlines,
and thereafter close this case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 8th day of
January, 2021.

TOM BARBER
UNITED STATES DISTRICT JUDGE

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