Carlson v. London Bay Construction, Inc., No. 2:2008cv00471 - Document 55 (M.D. Fla. 2009)
Court Description: OPINION AND ORDER adopting and incorporating 53 Report and recommendation; granting 51 Motion to Approve Settlement and approving Settlement Agreement and Release as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice except as otherwise provided by the settlement, terminate all motions and deadlines, and close the file. Signed by Judge John E. Steele on 8/10/2009. (RKM)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ANSLEY CARLSON on behalf of herself and those similarly situated, Plaintiff, vs. Case No. 2:08-cv-471-FtM-29SPC LONDON BAY CONSTRUCTION, INC. a Florida corporation doing business as London Bay Homes, Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #53), filed August 6, 2009, recommending that the Joint Motion for Approval of Settlement (Doc. #51) be granted, the settlement approved, and the case be dismissed with prejudice. agreement On August 7, 2009, the parties filed a Joint Notice of Non-Objection Regarding the Holding of the Report & Recommendation Dated August 6, 2009 (Doc. #54). 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. #53) is hereby adopted and the findings incorporated herein. 2. The Joint Motion for Approval of Settlement (Doc. #51) is GRANTED and the Settlement Agreement and Release (Doc. #51-2) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice except as otherwise provided by settlement. -2- 4. The Clerk is further directed to terminate all deadlines and motions as moot, including plaintiff s Motion to Dismiss Defendant s Counterclaims (Doc. #45), and close the file. DONE AND ORDERED at Fort Myers, Florida, this August, 2009. Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties -3- 10th day of
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