Perales v. Schear Corporation et al, No. 2:2009cv00669 - Document 98 (M.D. Fla. 2011)

Court Description: OPINION AND ORDER granting 96 Motion to Approve Settlement; approving as fair and reasonable Settlement Agreement; adopting and incorporating 97 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the case. Signed by Judge John E. Steele on 11/3/2011. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION VICTOR PERALES, on behalf of himself and those similarly situated, Plaintiff, vs. Case No. SCHEAR CORPORATION, a corporation, JEFFERY G. individually, 2:09-cv-669-FtM-29DNF Florida WALLS, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #97), filed October 14, 2011, recommending that the Joint Motion for Approval of Settlement Settlement Agreement Agreement (Doc. (Doc. #96) #96-1) be be reasonable, and the case be dismissed. granted, the approved as attached fair and 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. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #97) is hereby adopted and the findings incorporated herein. 2. The Joint Motion for Approval of Settlement Agreement (Doc. #96) is granted and the Settlement Agreement (Doc. #96-1) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the case. DONE AND ORDERED at Fort Myers, Florida, this November, 2011. Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record -2- 3rd day of

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