Ortiz Mills v. Keys Claims Consultants, LLC et al, No. 2:2019cv00730 - Document 15 (M.D. Fla. 2019)

Court Description: OPINION AND ORDER granting 10 Motion to Approve Settlement; adopting 11 Report and Recommendations; approving settlement agreement. 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 12/3/2019. (RKR)

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Ortiz Mills v. Keys Claims Consultants, LLC et al Doc. 15 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION VIVIAN ORTIZ MILLS, Plaintiff, v. Case No: 2:19-cv-730-FtM-29MRM KEYS CLAIMS CONSULTANTS, LLC and GEORGE W. KEYS, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #11), filed November 27, 2019, recommending that the Joint Motion to Approve Settlement Agreement and to Dismiss With Prejudice (Doc. #10) be granted, the Settlement Agreement (Doc. #10-1) be approved, and that the case be dismissed. On December 2, 2019, the parties filed a Joint Notice of Non-Opposition to Report and Recommendation (Doc. #14) in response to the Magistrate Judge’s Text Order (Doc. #13) directing that any payment due under the proposed settlement need not be made until 3 business days after the entry of this Opinion and Order. 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. § Dockets.Justia.com 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). 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. #11) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion to Approve Settlement Agreement and to Dismiss With Prejudice (Doc. #10) is granted and the Settlement Agreement (Doc. #10-1) 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, 2019. Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 3rd day of

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