Simpson v. Waste Pro of Florida, Inc., No. 2:2022cv00094 - Document 24 (M.D. Fla. 2022)

Court Description: OPINION AND ORDER granting 22 Joint Brief and approving Settlement Agreement and Release; adopting 23 Report and Recommendation. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending matters, and close the file. A motion for attorney fees shall be filed within 14 days of the entry of judgment. Signed by Judge John E. Steele on 12/1/2022. (RKR)

Download PDF
Simpson v. Waste Pro of Florida, Inc. Doc. 24 Case 2:22-cv-00094-JES-NPM Document 24 Filed 12/01/22 Page 1 of 3 PageID 107 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JAMES C. SIMPSON, SR., Plaintiff, v. Case No: 2:22-cv-94-JES-NPM WASTE PRO OF FLORIDA, INC., Defendant. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #23), filed November 14, 2022, recommending that the settlement appears to be fair, adequate, and a reasonable resolution of a bona fide dispute between the parties. 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 Dockets.Justia.com Case 2:22-cv-00094-JES-NPM Document 24 Filed 12/01/22 Page 2 of 3 PageID 108 (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. #23) is hereby adopted, and the findings incorporated herein. 2. The parties' Joint Brief in Support of Approval of Settlement (Doc. #22) is granted, and the Settlement Agreement and Release (Doc. #22-1) 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. - 2 - Case 2:22-cv-00094-JES-NPM Document 24 Filed 12/01/22 Page 3 of 3 PageID 109 4. Counsel shall file a motion for attorney fees that complies with Local Rule 7.01(b) within FOURTEEN (14) DAYS of the entry of judgment. DONE and ORDERED at Fort Myers, Florida, this December 2022. Copies: Hon. Nicholas P. Mizell United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 1st 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.