Wakeley v. Useppa Inn and Dock Company, Ltd. et al, No. 2:2013cv00469 - Document 47 (M.D. Fla. 2014)

Court Description: OPINION AND ORDER granting 44 Motion for Approval of FLSA Settlement; approving settlement; adopting and incorporating 45 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, terminate all motions and deadlines, and close the file. Signed by Judge John E. Steele on 12/29/2014. (RKR)

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Wakeley v. Useppa Inn and Dock Company, Ltd. et al Doc. 47 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DEBRA WAKELEY, on behalf of herself and all others similarly situated, Plaintiff, v. Case No: 2:13-cv-469-FtM-29DNF USEPPA INN AND DOCK COMPANY, LTD. and GARFIELD BECKSTEAD, individually, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #45), filed December 8, 2014, recommending that the Joint Motion for Approval of FLSA Settlement and for Dismissal With Prejudice (Doc. #44) be granted, the Memorandum of Settlement (Doc. #44-1) 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. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), Dockets.Justia.com 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. #45) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion for Approval of FLSA Settlement and for Dismissal With Prejudice (Doc. #44) is granted and the Settlement Agreement and General Release (Doc. #44-1) is approved as a fair and reasonable resolution of a bona fide dispute. - 2 - 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 December, 2014. Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 29th day

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