Vansickle v. Pebbleworks Pool Surfacing, Inc. et al, No. 2:2015cv00131 - Document 41 (M.D. Fla. 2015)

Court Description: OPINION AND ORDER granting 39 Joint Motion for Approval of Settlement; adopting and incorporating 40 Report and Recommendations; approving Settlement Agreement as fair and reasonable. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending matters, and close the file. Signed by Judge John E. Steele on 12/15/2015. (RKR)

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Vansickle v. Pebbleworks Pool Surfacing, Inc. et al Doc. 41 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION PAMELA VANSICKLE, on behalf of herself and others similarly situated, Plaintiff, v. Case No: 2:15-cv-131-FtM-29MRM PEBBLEWORKS POOL SURFACING, INC., a Florida profit corporation and CRAIG LASCOMB, individually, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s 1 Report and Recommendation (Doc. #40), filed October 15, 2015, recommending that the Joint Motion for Approval of Settlement (Doc. #39) be granted, the Settlement Agreement 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. 1 The Honorable Carol conference in this case. Mirando conducted the 28 U.S.C. § settlement 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 who conducted the settlement conference between the parties and reviewed the settlement documentation. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #40) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion for Approval of Settlement (Doc. #39) is granted and the Settlement Agreement (Doc. #39-1) is - 2 - 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 December, 2015. Copies: Hon. Mac R. McCoy Hon. Carol Mirando Counsel of Record Unrepresented parties - 3 - 15th day

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