Fetters v. Coastland Auto Body, Inc. et al, No. 2:2013cv00540 - Document 32 (M.D. Fla. 2014)

Court Description: OPINION AND ORDER granting 29 Motion to Approve Settlement; adopting and incorporating 30 Report and Recommendations; approving Settlement as fair and reasonable. The Clerk shall enter judgment accordingly, terminate all deadlines and motions (terminating 24 motion to dismiss), and close the file. Signed by Judge John E. Steele on 1/31/2014. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JOHN FETTERS, an individual Plaintiff, v. Case No: 2:13-cv-540-FtM-29CM COASTLAND AUTO BODY, INC., a Florida profit corporation and ENCORE PEO, INC., a foreign profit corporation, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #30), filed January 6, 2014, recommending that the parties' Joint Motion to Approve Prejudice Settlement Agreement Plaintiff's and Complaint Release be and granted, Dismiss the With Settlement Agreement and General Release (Doc. #29-1) be approved, and the case 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. § 636(b)(1); 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, 28 U.S.C. § 636(b)(1)(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. #30) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion to Approve Settlement Agreement and Release and Dismiss With Prejudice Plaintiff's Complaint (Doc. #29) is GRANTED and the Settlement Agreement and General Release (Doc. #29-1) 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 January, 2014. Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 31st day

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