Miller v. Escalante-Spanish Wells, LLC, No. 2:2014cv00739 - Document 29 (M.D. Fla. 2015)
Court Description: OPINION AND ORDER granting 26 Amended Motion for Approval of Settlement; adopting and incorporating 27 Report and Recommendations; approving Settlement Agreement and General Release. 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 9/16/2015. (RKR)
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Miller v. Escalante-Spanish Wells, LLC Doc. 29 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JACQUEN LESHAYE MILLER, Plaintiff, v. Case No: 2:14-cv-739-FtM-29CM ESCALANTE-SPANISH LLC, WELLS, Defendant. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #27), filed September 15, 2015, recommending that the parties' Amended Joint Motion for Approval of Settlement (Doc. #26) be granted, the Settlement Agreement and Release approved, and the case dismissed. of Claims (Doc. #26-1) be On the same day, the parties filed a Joint Notice of No Objection to Report and Recommendation (Doc. #28). 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 Dockets.Justia.com 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. #27) is hereby adopted and the findings incorporated herein. 2. The parties' Amended Joint Motion for Approval of Settlement (Doc. #26) is granted and the Settlement Agreement and General Release (Doc. #26-1) 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 September, 2015. - 2 - 16th day Copies: Hon. Carol Mirando United States Magistrate Judge Counsel of Record Unrepresented parties - 3 -
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