Chacon-Mejia v. Radno, Inc. et al, No. 2:2011cv00219 - Document 23 (M.D. Fla. 2011)
Court Description: OPINION AND ORDER granting 21 Motion to Approve Settlement; approving settlement as fair and reasonable; adopting 22 Report and Recommendations. The Clerk shall enter judgment dismissing case with prejudice, terminate all motions and deadlines, and close the case. Signed by Judge John E. Steele on 10/3/2011. (RKR)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION GERVIN CHACON-MEJIA, Plaintiff, vs. Case No. 2:11-cv-219-FtM-29DNF RADNO, INC. a Florida profit corporation doing business as Goldcoast Salad, PETER RADNO individually, Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #22), filed September 2, 2011, recommending that the Joint Motion for Approval of FLSA Settlement (Doc. #21) be granted, the Settlement Agreement and Release (Doc .#21-1) be approved as fair and reasonable, 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. 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. #22) is hereby adopted. 2. The Joint Motion for Approval of FLSA Settlement (Doc. #21) is GRANTED and the Settlement Agreement and Release (Doc .#211) be approved as fair and reasonable. The Clerk shall enter judgment dismissing the case with 3. prejudice, terminate all pending motions and deadlines, and close the case. DONE AND ORDERED at Fort Myers, Florida, this October, 2011. Copies: Hon. Douglas N. Frazier; Counsel of Record -2- 3rd day of
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