Brown v. Acosta, Inc., No. 2:2008cv00810 - Document 26 (M.D. Fla. 2009)
Court Description: OPINION AND ORDER granting 23 Motion to Approve Settlement, Motion to dismiss; adopting and incorporating 25 Report and Recommendations. The settlement is approved as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice, except as provided by the settlement, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 12/17/2009. (RKM)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION RICHARD L. BROWN on his own behalf and others similarly situated, Plaintiff, vs. Case No. 2:08-cv-810-FtM-29SPC ACOSTA, INC. a Florida corporation, Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #25), filed November 30, 2009, recommending that the Joint Motion to Approve Settlement Agreement and Dismiss With Prejudice (Doc. #23) 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. 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. #25) is hereby adopted and the findings incorporated herein. 2. Joint Motion to Approve Settlement Agreement and Dismiss With Prejudice (Doc. #23) is GRANTED and the Settlement Agreement and Mutual General Release (Doc. #23-2) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, except as otherwise provided by the settlement, terminate all deadlines and motions, and close the file. DONE AND ORDERED at Fort Myers, Florida, this December, 2009. -2- 17th day of Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record -3-
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