Zapata v. XTREME Recovery & Transport, Inc., No. 2:2019cv00163 - Document 23 (M.D. Fla. 2019)

Court Description: OPINION AND ORDER granting 18 Motion to Approve Settlement; adopting 21 Report and Recommendations; approving settlement. Defendant David Mayhood is dismissed with prejudice and shall be terminated. The Clerk shall enter judgment dismissing the case as to the other defendants with prejudice, terminate all deadlines and motions, and close the file. Signed by Judge John E. Steele on 7/15/2019. (RKR)

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Zapata v. XTREME Recovery & Transport, Inc. Doc. 23 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ROLANDO ZAPATA, Plaintiff, v. Case No: 2:19-cv-163-FtM-29MRM XTREME RECOVERY & TRANSPORT, INC., a Florida profit corporation, DAVID MAYHOOD, individually, and TYLER GOSSARD, individually, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #21), filed June 28, 2019, recommending that the Joint Motion to Approve Settlement and for Dismissal With Prejudice (Doc. #18) be granted, the settlement agreement be approved, and the case dismissed. On July 2, 2019, the parties filed a Joint Notice of Non-Objection (Doc. #22). 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). 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). Defendant David Mayhood did not execute the joint motion, but the parties notified the Court that the intent was to encompass defendant in the dismissal with prejudice. (Doc. #20.) 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. #21) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion to Approve Settlement and for Dismissal With Prejudice (Doc. #18) is granted and the Settlement Agreement and Release (Doc. #18-1) is approved as a fair and reasonable resolution of a bona fide dispute. 3. Defendant David Mayhood is dismissed with prejudice and shall be terminated on the docket. - 2 - 4. The Clerk shall enter judgment dismissing the case as to defendants Xtreme Recovery & Transports, Inc. and Tyler Gossard with prejudice, terminate all deadlines and motions, and close the file. DONE and ORDERED at Fort Myers, Florida, this of July, 2019. Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 15th day

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