Bautista-Cruz et al v. D&K Harvesting, Inc., No. 2:2015cv00725 - Document 61 (M.D. Fla. 2017)

Court Description: OPINION AND ORDER granting 57 Motion for Approval of Settlement and Dismissal; adopting and incorporating 58 Report and Recommendations; approving settlement. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 8/25/2017. (RKR)

Download PDF
Bautista-Cruz et al v. D&K Harvesting, Inc. Doc. 61 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION BALDEMAR BAUTISTA-CRUZ, RICARDO GUERRERO-CHAVERO, JOSE OMAR MARTINEZ-CORONEL, ENRIQUE MARTINEZ-ZEFERINO, LEOPOLDO ANTONIO ORTEGA, EFREN PICHARDO-HERNANDEZ, ANTONIO MARCELINO ROSENDO, EDGAR DAVID VELAZQUEZREYES, NORBERTO BAUTISTAJUAREZ, MARIO ALBERTO ROMERO-SANTOS, JAVIER RUBIO-HERNANDEZ, ANTONIO CORONA-GOMEZ, REYNALDO SALAS-LORENZO, and JUAN CARLOS MARTINEZ-PEREZ, Plaintiffs, v. Case No: 2:15-cv-725-FtM-29CM D&K HARVESTING, INC., Defendant. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #58), filed August 1, 2017, recommending that the parties' Third Joint Motion for Approval of Settlement and Dismissal With Prejudice (Doc. #57) be granted, the settlement be approved, 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 Dockets.Justia.com 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. 636(b)(1). 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. #58) is hereby adopted and the findings incorporated herein. 2. The parties' Third Joint Motion for Approval of Settlement and Dismissal With Prejudice (Doc. #57) is granted and the Proposed Settlement Agreement, Full and Final Release and Covenant Not to Sue (Doc. #57-1) 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 August, 2017. Copies: Hon. Carol Mirando United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 25th day

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.