Pena v. Coastal QSR, LLC, No. 2:2010cv00060 - Document 25 (M.D. Fla. 2010)
Court Description: OPINION AND ORDER granting 23 Motion to Approve Settlement; approving settlement as fair and reasonable; adopting and incorporating 24 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 7/14/2010. (RKR)
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Pena v. Coastal QSR, LLC Doc. 25 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ANDRES PENA, Plaintiff, vs. Case No. 2:10-cv-60-FtM-29DNF COASTAL QSR, LLC, a foreign limited liability company doing business as Taco Bell, Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #24), filed June 28, 2010, recommending that the Joint Motion to Approve Settlement (Doc. #23) be granted, the settlement be approved as fair and reasonable, 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. § Dockets.Justia.com 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 that the settlement is fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #24) is hereby adopted and the findings incorporated herein. 2. The Joint Motion to Approve Settlement (Doc. #23) is GRANTED and the Settlement Agreement and General Release (Doc. #231) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending deadlines as moot, and close the file. DONE AND ORDERED at Fort Myers, Florida, this July, 2010. -2- 14th day of Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -3-
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