Gomes v. Tant's 60 Minute Cleaners, Inc. et al, No. 2:2009cv00359 - Document 29 (M.D. Fla. 2009)
Court Description: OPINION AND ORDER adopting and incorporating 28 Report and Recommendations; granting 27 Notice of filing, construed as a motion to approve settlement. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending deadlines and the 11 Motion to dismiss, and close the file. Signed by Judge John E. Steele on 12/4/2009. (RKM)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SHIRLEY GOMES on her own behalf and others similarly situated, Plaintiff, vs. Case No. 2:09-cv-359-FtM-29SPC TANT'S 60 MINUTE CLEANERS, INC. a Florida corporation; NANCY CINDY TANT individually, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #28), filed November 19, 2009, recommending the parties Notice of Filing, construed as a motion to approve the settlement, be granted, the settlement approved, and the case dismissed. 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 finds the settlement to be fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #28) is hereby adopted and the findings specifically incorporated herein. 2. The Notice of Filing (Doc. #27), construed as a motion, is GRANTED and the Settlement Agreement and Release (Doc. #27-2) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions as moot, and close the file. DONE AND ORDERED at Fort Myers, Florida, this December, 2009. Copies: Hon. Sheri Polster Chappell Parties of Record -2- 4th day of
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