Velasquez v. R.W.L. Communications, Inc., No. 2:2008cv00323 - Document 30 (M.D. Fla. 2009)

Court Description: OPINION AND ORDER granting 27 Amended Motion to Approve Settlement; adopting and incorporating findings of 28 Report and Recommendations; approving as fair and reasonable Settlement Agreement and Release. The Clerk shall enter judgment dismissing the case with prejudice except as otherwise provided by the Settlement Agreement and Release, terminate all pending matters, and close the case. Signed by Judge John E. Steele on 4/13/2009. (RKM)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION RAINIER VELASQUEZ individually, and on behalf of all other similarly situated employees, Plaintiff, vs. Case No. 2:08-cv-323-FtM-29SPC R.W.L. COMMUNICATIONS, INC., Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #28), filed March 25, 2009, recommending that the Amended Joint Motion for Approval of Settlement and Stipulation of Dismissal With Prejudice (Doc. #27) be granted, the settlement approved, and the case 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. 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. 28 U.S.C. § 636(b)(1)(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. #28) is hereby adopted and the findings incorporated herein. 2. The parties Amended Joint Motion for Approval of Settlement and Stipulation of Dismissal With Prejudice (Doc. #27) is GRANTED and the attached Settlement Agreement and Release (Doc. #27-2) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice except as otherwise provided by the Settlement Agreement and Release (Doc. #27-2), terminate all pending matters, and close the case. DONE AND ORDERED at Fort Myers, Florida, this April, 2009. -2- 13th day of Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties -3-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.