Pritchard v. Merrill Gardens, L.L.C., No. 2:2011cv00022 - Document 33 (M.D. Fla. 2011)
Court Description: OPINION AND ORDER granting 31 Motion to Approve Settlement and approving settlement as fair and reasonable; adopting and incorporating 32 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice except as otherwise provided by the agreement, terminate all deadlines and motions (terminating 17 Motion to strike), and close the file. Signed by Judge John E. Steele on 8/1/2011. (RKR)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION RICKEY PRITCHARD on his own behalf and others similarly situated, Plaintiff, vs. Case No. MERRILL GARDENS, LLC a limited liability company, 2:11-cv-22-FtM-29DNF foreign Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #32), filed June 30, 2011, recommending that the parties Joint Motion for Approval of Settlement Agreement, and Upon Court Approval, For Dismissal of the Action With Prejudice (Doc. #31) be granted, the settlement be approved, 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. 28 U.S.C. § 636(b)(1)(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. #32) is hereby adopted and the findings incorporated herein. 2. The parties Joint Motion for Approval of Settlement Agreement, and Upon Court Approval, For Dismissal of the Action With Prejudice (Doc. #31) is granted and the Court finds that the Settlement Agreement and Plaintiff s Full and Final Release of Claims for Unpaid Wages (Doc. #31-1) is fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, except as otherwise provided by the parties agreement, terminate all deadlines and motions, and close the file. DONE AND ORDERED at Fort Myers, Florida, this August, 2011. -2- 1st day of Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -3-
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