Demond v. A & R Architects, P.A. et al, No. 2:2008cv00296 - Document 39 (M.D. Fla. 2009)
Court Description: OPINION AND ORDER granting 35 Motion to Approve Settlement and the Agreement and General Release is approved as fair and reasonable; adopting and incorporating 37 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice except as otherwise agreed, terminate all deadlines and motions as moot, and close the case. Signed by Judge John E. Steele on 5/20/2009. (RKM)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DONNA DEMOND on behalf of herself and those similarly situated, Plaintiff, vs. Case No. 2:08-cv-296-FtM-29SPC A & R ARCHITECTS, P.A. a Florida corporation; ALAN D. ESPARZA individually, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #37), filed May 18, 2009, recommending that the parties Joint Motion for Approval of Settlement Agreement (Doc. # 35) be granted, the settlement approved, and the case be dismissed with prejudice. On May 19, 2009, the parties filed a Joint Notice of Non-Objection Regarding the Holding of the Report & Recommendation Dated May 18, 2009 (Doc. #38). 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. 636(b)(1); 28 U.S.C. § 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)(C). 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 and approves the settlement as fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #37) is hereby adopted and the findings incorporated herein. 2. The parties Joint Motion for Approval of Settlement Agreement (Doc. # 35) is GRANTED and the Agreement and General Release (Doc. #35-2) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice except as otherwise agreed, terminate all pending motions and deadlines as moot, and close the case. DONE AND ORDERED at Fort Myers, Florida, this May, 2009. -2- 20th day of Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties -3-
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