Bates v. Smuggler's Enterprises, Inc. et al, No. 2:2010cv00136 - Document 42 (M.D. Fla. 2011)
Court Description: OPINION AND ORDER granting 40 Motion to Approve Settlement; approving as fair and reasonable Settlement Agreement and General Release; adopting and incorporating 41 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, except as provided by settlement, terminate all pending motions and deadlines, and close the file. Signed by Judge John E. Steele on 4/12/2011. (RKR)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MELISSA BATES on behalf of herself and all others similarly situated, Plaintiff, vs. Case No. 2:10-cv-136-FtM-29DNF SMUGGLER'S ENTERPRISES, INC. a Florida Profit Corporation doing business as Laishley Crab House, BRUCE LAISHLEY, individually, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #41), filed March 22, 2011, recommending that the Joint Motion for Approval of FLSA Settlement (Doc. #40) be granted, the Settlement Agreement and General Release (Doc. #40-1) be approved as fair and reasonable, and the case dismissed. 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. #41) is hereby adopted and the findings incorporated herein. 2. The parties Joint Motion for Approval of FLSA Settlement (Doc. #40) is GRANTED, and the Settlement Agreement and General Release (Doc. #40-1) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, except as provided by the settlement, terminate all pending motions and deadlines as moot, and close the file. DONE AND ORDERED at Fort Myers, Florida, this April, 2011. -2- 12th day of Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -3-
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