Miller v. Environmental Turnkey Solutions, LLC et al, No. 2:2015cv00732 - Document 38 (M.D. Fla. 2017)
Court Description: OPINION AND ORDER adopting 37 Report and Recommendations; granting 36 Motion to approve settlement and to dismiss; approving the settlement as fair and reasonable. 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 5/10/2017. (RKR)
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Miller v. Environmental Turnkey Solutions, LLC et al Doc. 38 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION WILLIAM MILLER, Plaintiff, v. Case No: 2:15-cv-732-FtM-29CM ENVIRONMENTAL TURNKEY SOLUTIONS, LLC, a Florida corporation and ANTHONY M. CIALONE, an individual, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #37), filed April 25, 2017, recommending that the Joint Motion to Approve Settlement Agreement and to Dismiss With Prejudice (Doc. #36) be granted, the Settlement Agreement and Full and Final Release of Claims (Doc. #36-1) 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 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 Dockets.Justia.com 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. #37) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion to Approve Settlement Agreement and to Dismiss With Prejudice (Doc. #36) is granted and the Settlement Agreement and Full and Final Release of Claims (Doc. #36-1) 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 May, 2017. Copies: Hon. Carol Mirando United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 10th day
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