Santiago v. Gold2Cash, Inc. et al, No. 2:2014cv00233 - Document 47 (M.D. Fla. 2014)

Court Description: OPINION AND ORDER granting 45 Joint Stipulation of Dismissal; adopting and incorporating 46 Report and Recommendations. Upon receipt of the settlement proceeds, plaintiff shall reimburse the Court for the filing fee. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 12/29/2014. (RKR)

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Santiago v. Gold2Cash, Inc. et al Doc. 47 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ROBERT SANTIAGO, on behalf of himself and others similarly situated, Plaintiff, v. Case No: 2:14-cv-233-FtM-29DNF GOLD2CASH, INC., a Florida profit corporation, GOLDEN OPERATIONS, INC., a Florida profit corporation, STEVEN SHAFFER, individually, ROBERT LOVETT, individually, and EUGENE OMAR, individually, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #46), filed December 10, 2014, recommending that the Joint Stipulation of Dismissal With Prejudice (Doc. #45) be granted, the Settlement Agreement and FLSA Release (Doc. #45-1) be approved, that counsel reimburse the Court for the filing fee, and that the case be 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. § Dockets.Justia.com 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. 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. #46) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Stipulation of Dismissal With Prejudice (Doc. #45) is granted and the Settlement Agreement and General Release (Doc. #45-1) is approved as a fair and reasonable resolution of a bona fide dispute. 3. Upon receipt of the settlement proceeds, plaintiff shall reimburse the Court for the filing fee of $400.00. - 2 - 4. 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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