Losey et al v. BB Locksmith, Inc., No. 2:2017cv00029 - Document 32 (M.D. Fla. 2017)

Court Description: OPINION AND ORDER granting 29 Motion to Approve Settlement; approving settlement; adopting and incorporating 30 Report and Recommendations. The Clerk shall enter judgment dismissing the claims of Gary Dickson with prejudice. Finding no issues remaining to be tried, the Clerk shall terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 8/2/2017. (RKR)

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Losey et al v. BB Locksmith, Inc. Doc. 32 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MARK LOSEY, individually and on behalf of all others similarly situated, SUSAN NELSON, individually and on behalf of all others similarly situated, and GARY DICKSON, individually and on behalf of all others similarly situated, Plaintiffs, v. Case No: 2:17-cv-29-FtM-99CM BB LOCKSMITH, INC., Defendant. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #30), filed July 14, 2017, recommending that that the Joint Motion to Approve Settlement and to Dismiss Action With Prejudice (Doc. #29) be granted, the settlement 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). The settlement agreement relates only to the claims of Gary Dickson against defendant. Plaintiffs Mark Losey and Susan Nelson’s claims were settled without compromise, and their claims are being dismissed by separate order. 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. #30) is hereby adopted and the findings incorporated herein. 2. Dismiss The parties' Joint Motion to Approve Settlement and to Action Settlement With Agreement Prejudice and (Doc. Mutual #29) Release - 2 - is granted (Doc. #29, and p. 6) the is approved as a fair and reasonable resolution of a bona fide dispute. 3. The Clerk shall enter judgment dismissing the claims of Gary Dickson with prejudice. 4. Finding no issues remaining to be tried, the Clerk shall terminate all deadlines and motions, and close the file. DONE and ORDERED at Fort Myers, Florida, this August, 2017. Copies: Hon. Carol Mirando United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 2nd day of

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