Lenox v. Simon's Lawn Care, Inc. et al, No. 2:2016cv00829 - Document 21 (M.D. Fla. 2017)

Court Description: OPINION AND ORDER adopting and incorporating 20 Report and Recommendations; approving 19 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 3/10/2017. (RKR)

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Lenox v. Simon's Lawn Care, Inc. et al Doc. 21 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ROBERT LENOX, Plaintiff, v. Case No: 2:16-cv-829-FtM-99CM SIMON’S LAWN CARE, INC., a Florida profit corporation and A.J. SIMON, individually, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #20), filed February 23, 2017, recommending that the parties' re-filed Settlement Agreement and Release of All Wage Related Claims be approved (Doc. #19-1) 1, 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 1 On January 25, 2017, the Magistrate Judge denied the parties’ Joint Motion to Approve Settlement Agreement and Stipulation for Dismissal with Prejudice without prejudice to refiling a settlement agreement without a confidentiality provision. (Doc. #18.) 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)(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. #20) is hereby adopted and the findings incorporated herein. 2. The parties' Settlement Agreement and General Release (Doc. #19-1) 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 March, 2017. Copies: Hon. Carol Mirando United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 10th day

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