Rosado v. Direct Heating & Cooling, Inc. et al, No. 2:2017cv00043 - Document 15 (M.D. Fla. 2017)
Court Description: OPINION AND ORDER adopting 14 Report and Recommendations; approving Settlement Agreement. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 5/8/2017. (RKR)
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Rosado v. Direct Heating & Cooling, Inc. et al Doc. 15 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ESTEBAN ROSADO, on behalf of himself and others similarly situated, Plaintiff, v. Case No: 2:17-cv-43-FtM-99CM DIRECT HEATING & COOLING, INC., a Florida profit corporation and MITZIE FOXLERNER, individually, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #14), filed April 21, 2017, recommending that the Settlement Agreement (Doc. #13-1) 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 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 Dockets.Justia.com 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. #14) is hereby adopted and the findings incorporated herein. 2. The Settlement Agreement (Doc. #13-1) is approved as a fair and reasonable resolution of a bona fide dispute. 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 May, 2017. - 2 - 8th day of Copies: Hon. Carol Mirando United States Magistrate Judge Counsel of Record Unrepresented parties - 3 -
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