Kelly v. Roadsafe Traffic Systems, Inc. et al, No. 2:2011cv00407 - Document 24 (M.D. Fla. 2011)
Court Description: OPINION AND ORDER granting 17 Motion to Approve Settlement; approving Settlement Agreement as fair and reasonable; adopting and incorporating 22 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 12/20/2011. (RKR)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MICHAEL KELLY, Plaintiff, vs. Case No. 2:11-cv-407-FtM-29DNF ROADSAFE TRAFFIC SYSTEMS, INC., a foreign profit corporation, TRUTWIN INDUSTRIES, INC. a Florida corporation, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #22), filed December 8, 2011, recommending that the Joint Motion to Approve Settlement and Dismiss Case (Doc. #17) be granted, the Settlement Agreement (Doc. #17, Exh. A) be approved as fair and reasonable, and the case be dismissed with prejudice. No objections have been filed and the parties filed a Joint Certificate of Non-Objection to Report and Recommendation of Magistrate Judge (Doc. #23). 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 and the findings incorporated herein. 2. The Joint Motion to Approve Settlement and Dismiss Case (Doc. #17) is GRANTED and the Settlement Agreement (Doc. #17, Exh. A) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions as moot, and close the file. DONE AND ORDERED at Fort Myers, Florida, this December, 2011. -2- 20th day of Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -3-
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