Collins v. Lee County Board of Commissioners, No. 2:2009cv00382 - Document 43 (M.D. Fla. 2010)
Court Description: OPINION AND ORDER granting 41 Motion to Approve Settlement; approving settlement as fair and reasonable; adopting and incorporating 42 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, except as otherwise provided by the settlement, terminate all deadlines (terminating 20 Motion to dismiss; terminating 27 Motion to strike) and close the file. Signed by Judge John E. Steele on 2/16/2010. (RKR)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION BRUCE COLLINS, on his own behalf and others similarly situated, Plaintiff, vs. Case No. 2:09-cv-382-FtM-29SPC LEE COUNTY, a political subdivision of the State of Florida, Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #42), filed January 28, 2010, recommending that the parties Joint Notice of Filing and Joint Motion for Approval of Settlement as Stipulated Final Judgment (Doc. #41) be granted, the settlement approved, and the case 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. § 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 approves the settlement as fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation is hereby adopted and the findings incorporated herein. 2. The parties Joint Notice of Filing and Joint Motion for Approval of Settlement as Stipulated Final Judgment (Doc. #41) is GRANTED and the Settlement Agreement and Full and Final Mutual Release of All Claims (Doc. #41-1) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, except as otherwise provided by the settlement agreement, terminate all deadlines and close the file. DONE AND ORDERED at Fort Myers, Florida, this February, 2010. -2- 16th day of Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties -3-
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