Burgos v. Valleycrest Golf Course Maintenance, Inc., No. 2:2010cv00194 - Document 25 (M.D. Fla. 2010)

Court Description: OPINION AND ORDER adopting and incorporating 24 Report and Recommendation, granting 23 Motion to Approve Settlement, approving Settlement Agreement as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice and close the file. Signed by Judge John E. Steele on 9/28/2010. (RKR)

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Burgos v. Valleycrest Golf Course Maintenance, Inc. Doc. 25 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ELADIO BURGOS, JR., Plaintiff, vs. Case No. 2:10-cv-194-FtM-29SPC VALLEYCREST GOLF COURSE MAINTENANCE, INC., a Foreign Profit Corporation, Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #24), filed September 13, 2010, recommending that the Joint Motion for Approval of Settlement (Doc. #24) be granted, the settlement agreement approved, and the case dismissed with prejudice pursuant to the agreement. 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 for Approval of Settlement (Doc. #24) is GRANTED and the Settlement Agreement (Doc. #23, Exh. A) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. DONE AND ORDERED at Fort Myers, Florida, this September, 2010. Copies: Hon. Sheri Polster Chappell Counsel of Record -2- 28th day of

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