Theall v. Dollar Tree Stores, Inc., No. 2:2013cv00408 - Document 32 (M.D. Fla. 2014)

Court Description: OPINION AND ORDER granting 30 Joint Motion for settlement approval and dismissal; adopting and incorporating 31 Report and Recommendations; approving settlement as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending deadlines, and close the file. Signed by Judge John E. Steele on 5/22/2014. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION CHRISTY individual, THEALL, an Plaintiff, v. Case No: 2:13-cv-408-FtM-29CM DOLLAR TREE STORES, INC., a Virginia Corporation, Defendant. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #31), filed May 5, 2014, recommending that that the Joint Motion for Settlement Approval and Dismissal With Prejudice be granted, the Settlement Agrement and Release of FLSA Claims (Doc. #30-1) be approved, 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. 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. #31) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion for Settlement Approval and Dismissal With Prejudice (Doc. #30) is granted and the Settlement Agreement and General Release (Doc. #30-1) is approved as a fair and reasonable resolution of a bona fide dispute. 3. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file. DONE and ORDERED at Fort Myers, Florida, this of May, 2014. - 2 - 22nd day Copies: Hon. Carol Mirando United States Magistrate Judge Counsel of Record Unrepresented parties - 3 -

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