Greenfield et al v. Pace Center for Girls, Inc., No. 2:2009cv00260 - Document 38 (M.D. Fla. 2010)
Court Description: OPINION AND ORDER granting 36 Motion to Approve Settlement; approving settlement as fair and reasonable; adopting and incorporating 37 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines as moot, and close the file. Signed by Judge John E. Steele on 6/28/2010. (RKR)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION KELLY GREENFIELD, JEORJETTE LAFORET, and KARLA RYMSKY, Plaintiffs, vs. Case No. PACE CENTER FOR GIRLS, Florida corporation, INC., 2:09-cv-260-FtM-29DNF a Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #37), filed June 7, 2010, recommending that the Joint Motion for Approval of Settlement Agreement (Doc. #36) 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. 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 finds that the settlement is fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #37) is hereby adopted and the findings specifically incorporated herein. 2. The Joint Motion for Approval of Settlement Agreement (Doc. #36) is GRANTED and the Confidential Settlement Agreement and Full and Final Release of Claims (Doc. #36-1) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines as moot, and close the file. DONE AND ORDERED at Fort Myers, Florida, this June, 2010. -2- 28th day of Copies: Hon. Gustave J. DiBianco United States Magistrate Judge Counsel of Record Unrepresented parties -3-
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