Santana v. Me of Naples, Inc., No. 2:2016cv00079 - Document 45 (M.D. Fla. 2016)

Court Description: OPINION AND ORDER denying as moot 29 motion for final judgment; finding as moot 42 Report and Recommendations; granting 43 Motion for Approval of Settlement and the Settlement Agreement is approved; adopting and incorporating 44 Report and Recommendations. Plaintiff is not required to reimburse the Court for the filing fee. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending motions and deadlines, and close the file. Signed by Judge John E. Steele on 8/23/2016. (RKR)

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Santana v. Me of Naples, Inc. Doc. 45 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION EDWARD SANTANA, Plaintiff, v. Case No: 2:16-cv-79-FtM-29MRM ME OF NAPLES, INC., Defendant. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #44), filed July 27, 2016, recommending that that the parties' Joint Motion for Approval of an FLSA Settlement Agreement and for Dismissal With Prejudice (Doc. #43) be granted, the Settlement Agreement (Doc. #43-1) be approved, that reimbursement of the filing fee and service fees be waived, and that the case be dismissed with prejudice and closed. 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 objections, there is no requirement that a district judge review Dockets.Justia.com 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 parties’ Joint Motion for Stipulated Final Judgment and Dismissal With Prejudice (Doc. #29) is denied as moot in light of the later filed motion seeking approval. 2. The Report and Recommendation (Doc. #42) recommending denial of the parties’ Joint Motion for Stipulated Final Judgment and Dismissal With Prejudice (Doc. #29) is deemed moot. 3. The Report and Recommendation (Doc. #44) is hereby adopted and the findings incorporated herein. 4. The parties' Joint Motion for Approval of an FLSA Settlement Agreement and for Dismissal With Prejudice (Doc. #43) - 2 - is granted and the Settlement Agreement (Doc. #43-1) is approved as a fair and reasonable resolution of a bona fide dispute. 5. Plaintiff is not required to reimburse the Court for the filing fee for the reasons stated by the Magistrate Judge (Doc. #44, p. 4), and no service fees were incurred through the U.S. Marshal. 1 6. 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 23rd day of August, 2016. Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record Unrepresented parties 1 The Court notes that plaintiff elected to use a private company for execution of service of process. (Doc. #10.) - 3 -

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