Vila v. Coastland Towing and Recovery, Inc. et al, No. 2:2013cv00144 - Document 24 (M.D. Fla. 2013)
Court Description: OPINION AND ORDER granting 22 Motion for Settlement and to Dismiss; approving settlement agreement; accepting and adopting 23 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 11/5/2013. (RKR)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION BRIAN VILA Plaintiff, v. Case No: 2:13-cv-144-FtM-29UAM COASTLAND TOWING AND RECOVERY, INC. and JAMES M. WALKER, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #23), filed October 10, 2013, recommending that the parties' Joint Motion to Approve Settlement Prejudice Agreement Plaintiff's and Complaint Release (Doc. #22) and be Dismiss granted, With the Settlement Agreement and General Release (Doc. #22-1) be approved as fair and reasonable, and 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. 28 U.S.C. ยง 636(b)(1); United States v. Powell, 628 F.3d 1254, 1256 (11th Cir. 2010). 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). After a careful and complete review of the findings and recommendations, the Court accepts and adopts the Report and Recommendation of the magistrate judge, and finds that the settlement is a fair and reasonable resolution of a bona fide dispute. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #23) is hereby ACCEPTED and ADOPTED. 2. The parties' Joint Motion to Approve Settlement Agreement and Release and Dismiss With Prejudice Plaintiff's Complaint (Doc. #22) is granted and the Settlement Agreement and General Release (Doc. #22-1) 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 November, 2013. Copies: All Parties of Record - 2 - 5th day of
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