Fox v. Nelson & Associates, Inc., No. 2:2010cv00289 - Document 33 (M.D. Fla. 2011)
Court Description: OPINION AND ORDER granting 30 Motion to Approve Settlement; adopting 31 Report and Recommendations and finding the settlement is fair and reasonable; dismissing the case with prejudice pursuant to the Settlement Agreement. The Clerk enter judgment accordingly, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 3/4/2011. (RKR)
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Fox v. Nelson & Associates, Inc. Doc. 33 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION RICHARD C. FOX, JR., Plaintiff, vs. Case No. NELSON & ASSOCIATES, INC., business as Woodside Villas, 2:10-cv-289-FtM-36SPC doing Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #31), filed March 2, 2011, recommending that the parties Joint Motion for Approval of Settlement, Joint Stipulation for Dismiss With Prejudice (Doc. #30) be granted, the settlement be approved, and the case dismissed. On March 2, 2011, the parties filed a Joint Notice of Non-Objection to This Court s Report and Recommendation (Doc. #32). 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 Dockets.Justia.com 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 the settlement was fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #31) is hereby adopted and the Court finds that the settlement is fair and reasonable. 2. The parties Joint Motion for Approval of Settlement, Joint Stipulation for Dismiss With Prejudice (Doc. #30) is GRANTED. 3. The Clerk shall enter judgment dismissing the case with prejudice pursuant to the parties Settlement Agreement (Doc. #301), terminate all deadlines and motions, and close the file. DONE AND ORDERED at Fort Myers, Florida, this March, 2011. -2- 4th day of Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties -3-
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