Yost v. Cablenet Services Unlimited, Inc. et al, No. 2:2010cv00404 - Document 32 (M.D. Fla. 2011)
Court Description: OPINION AND ORDER adopting 31 Report and Recommendations; terminating 22 Motion to dismiss; granting 28 Motion to Approve Settlement and approving settlement. The Clerk shall enter judgment dismissing the case with prejudice, except as otherwise provided by the settlement agreement, terminate all pending matters, and close the file. Signed by Judge John E. Steele on 1/14/2011. (RKR)
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Yost v. Cablenet Services Unlimited, Inc. et al Doc. 32 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION LOUIS E. YOST, on behalf of himself and all others similarly situated, Plaintiff, vs. Case No. 2:10-cv-404-FtM-29SPC CABLENET SERVICES UNLIMITED, INC., a Delaware Corporation, CABLENET SERVICES UNLIMITED (FLORIDA) LLC, a foreign limited liability company, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #31), filed December 29, 2010, recommending that the Joint Motion to Approve Settlement Agreement and Dismiss With Prejudice (Doc. #28) be granted, the settlement agreement approved, and the case 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. 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 is fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #31) is hereby adopted. 2. The Joint Motion to Approve Settlement Agreement and Dismiss With Prejudice (Doc. #28) is GRANTED and the Settlement Agreement and Release (Doc. #30-1) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, except as otherwise provided by the settlement agreement, terminate all pending matters, and close the file. DONE AND ORDERED at Fort Myers, Florida, this January, 2011. -2- 14th day of Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties -3-
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