McDougal v. First Financial Employee Leasing, Inc. et al, No. 2:2011cv00024 - Document 41 (M.D. Fla. 2011)

Court Description: OPINION AND ORDER granting 39 Motion to Approve Settlement; approving settlement as fair and reasonable; adopting 40 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 9/12/2011. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION BRENDA MCDOUGAL, on her own behalf and all similarly situated individuals, Plaintiff, vs. Case No. 2:11-cv-24-FtM-29SPC FIRST FINANCIAL EMPLOYEE LEASING, INC., a Florida profit corporation, BRUCE T. SMITH, individually, LARRY BENNETT, individually, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #40), filed August 15, 2011, recommending that the parties Joint Motion to Approve Settlement and for Dismissal With Prejudice (Doc. #39) be granted, the settlement agreement be approved, and that the case be 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 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. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #40) is hereby adopted. 2. The parties Joint Motion to Approve Settlement and for Dismissal With Prejudice (Doc. #39) is GRANTED and the Settlement Agreement, Waiver, and Release (Doc. #39-1) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. DONE AND ORDERED at Fort Myers, Florida, this September, 2011. -2- 12th day of Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties -3-

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