Gaspar-Guerrero et al v. Everglades Harvesting & Hauling, Inc., No. 2:2009cv00384 - Document 30 (M.D. Fla. 2010)
Court Description: OPINION AND ORDER granting 28 Motion to Approve Settlement; adopting and incorporating 29 Report and Recommendations; approving as fair and reasonable settlement. The Clerk shall enter judgment dismissing the case with prejudice, except as otherwise provided by the Settlement Agreement, Full and Final Release, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 6/1/2010. (RKR)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JUAN GASPAR-BUERRERO, ISMAEL FERNANDEZ-FERNANDEZ, RAMIRO FERNANDEZ-FERNANDEZ, BENITO ROMEROCLAUDIO, ANSELMO SEGURA-GONZALEZ, Plaintiffs, vs. Case No. 2:09-cv-384-FtM-29DNF EVERGLADES HARVESTING & HAULING, INC., Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #29), filed May 13, 2010, recommending that the parties Joint Motion for Approval of Settlement Agreement (Doc. #28) be granted, the Settlement Agreement, Full and Final Release (Doc. #28-1) 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. #29) is hereby adopted and the findings incorporated herein. 2. The parties Joint Motion for Approval of Settlement Agreement (Doc. #28) is granted, and the Settlement Agreement, Full and Final Release (Doc. #28-1) 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, Full and Final Release (Doc. #28-1), terminate all deadlines and motions, and close the file. DONE AND ORDERED at Fort Myers, Florida, this June, 2010. -2- 1st day of Copies: Hon. Gustave J. DiBianco United States Magistrate Judge Counsel of Record Unrepresented parties -3-
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