Surloff v. Paramount Drywall, Inc. et al, No. 2:2010cv00305 - Document 31 (M.D. Fla. 2011)

Court Description: OPINION AND ORDER granting 26 Motion to Approve Settlement and approving as fair and reasonable; adopting 28 Report and Recommendations; dismissing the case with prejudice except as provided by the Agreement and General Release. The Clerk shall enter judgment accordingly, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 1/5/2011. (RKR)

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Surloff v. Paramount Drywall, Inc. et al Doc. 31 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ALAN SURLOFF, on his own behalf and others similarly situated, Plaintiff, vs. Case No. 2:10-cv-305-FtM-29SPC PARAMOUNT DRYWALL, INC., a Florida Corporation; PARAMOUNT STUCCO, LLC, a Florida limited liability company, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #28), filed December 23, 2010, recommending that the Joint Motion for Court Approval of Agreement and General Release (Doc. #26) be granted. Plaintiff and defendants filed Notices of No Objection (Docs. #29, #30) indicating no objections to the Report and Recommendation. 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 Dockets.Justia.com 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 in light of counsel’s agreement to accept a reduced amount for attorney’s fees. The Court will also dismiss the case with prejudice. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #28) is hereby adopted. 2. The parties’ Joint Motion for Court Approval of Agreement and General Release (Doc. #26) is GRANTED and the Agreement and General Release (Doc. #26-1) is approved as fair and reasonable. -2- 3. The Clerk shall enter judgment dismissing the case with prejudice except as provided by the Agreement and General Release, terminate all deadlines, and close the file. DONE AND ORDERED at Fort Myers, Florida, this January, 2011. Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties -3- 5th day of

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