Jacobs et al v. Ort Services, Inc. et al, No. 2:2009cv00514 - Document 26 (M.D. Fla. 2010)

Court Description: OPINION AND ORDER granting 24 Motion to Approve Settlement; adopting and incorporating 25 Report and Recommendations; approving settlement as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice, except as otherwise provided by the settlement agreement. The Clerk is further directed to terminate all pending matters as moot and to close the file. Signed by Judge John E. Steele on 2/8/2010. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION KRISTIAN A. JACOBS individually and on behalf of all others similarly situated; GAYLE VANDERBERG individually and on behalf of all others similarly situated; MICHELE FLAITZ individually and on behalf of all others similarly situated; REBECCA DRAPER individually and on behalf of all others similarly situated; CARY WATSON individually and on behalf of all others similarly situated, Plaintiffs, vs. Case No. 2:09-cv-514-FtM-29SPC ORT SERVICES, INC. a Florida corporation d/b/a Harbourside Grill & Tiki Bar; ALFRED PANIAGUA individual; DEAN FOX individual, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #25), filed January 19, 2010, recommending that the parties Joint Motion to Approve Settlement Agreement (Doc. #24) be granted, the settlement approved, 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. 28 U.S.C. § 636(b)(1); 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 is hereby adopted and the findings incorporated herein. 2. The parties Joint Motion to Approve Settlement Agreement (Doc. #24) is GRANTED and the Settlement, General Release and NonDisclosure Agreement (Doc. #24-1) reasonable. -2- is approved as fair and 3. The Clerk shall enter judgment dismissing the case with prejudice, except as otherwise provided by the settlement. The Clerk is further directed to terminate all pending matters as moot and to close the file. DONE AND ORDERED at Fort Myers, Florida, this February, 2010. Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties -3- 8th day of

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