Garvey v. JHS Builders, LLC et al, No. 2:2018cv00047 - Document 29 (M.D. Fla. 2018)

Court Description: OPINION AND ORDER granting 25 Motion to approve settlement agreement and stipulation; adopting and incorporating 27 Report and Recommendations; approving settlement. 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 12/3/2018. (RKR)

Download PDF
Garvey v. JHS Builders, LLC et al Doc. 29 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MICHAEL GARVEY, Plaintiff, v. Case No: 2:18-cv-47-FtM-99CM JHS BUILDERS, LLC, a Florida limited liability company and IAN C. SCHMOYER, individually, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #27), filed November 29, 2018, recommending that that the Joint Motion to Approve Settlement Agreement and Stipulation for Dismissal With Prejudice (Doc. #25) be granted, and the case dismissed with prejudice. of On November 30, 2018, the parties filed a Joint Notice Non-Objection to Report and Recommendation (Doc. #28) indicating no objections. 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), Dockets.Justia.com 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). 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. #27) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion to Approve Settlement Agreement and Stipulation for Dismissal With Prejudice (Doc. #25) is granted and the Settlement Agreement and Release of claims (Doc. #26-1) 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 December, 2018. Copies: Hon. Carol Mirando United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 3rd day of

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.