Filed: Apr. 27, 2016
Latest Update: Apr. 27, 2016
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. #38) filed on April 13, 2016. Judge Mirando recommends granting the parties' Joint Motion for Approval of Settlement and Dismissal of Action with Prejudice (Doc. #37) and approving their Settlement Agreement and Release of FLSA Claims (Doc. #37-1) as a fair and reasonable resolution of a bona fide dispute under the Fair Labo
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. #38) filed on April 13, 2016. Judge Mirando recommends granting the parties' Joint Motion for Approval of Settlement and Dismissal of Action with Prejudice (Doc. #37) and approving their Settlement Agreement and Release of FLSA Claims (Doc. #37-1) as a fair and reasonable resolution of a bona fide dispute under the Fair Labor..
More
ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. #38) filed on April 13, 2016. Judge Mirando recommends granting the parties' Joint Motion for Approval of Settlement and Dismissal of Action with Prejudice (Doc. #37) and approving their Settlement Agreement and Release of FLSA Claims (Doc. #37-1) as a fair and reasonable resolution of a bona fide dispute under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (Doc. #38). The parties do not object to the Report and Recommendation. (Doc. #39). Thus, the Report and Recommendation is ripe for review.
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. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982). 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, 28 U.S.C. § 636(b)(1)(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).
After examining the file carefully and independently and upon considering Judge Mirando's findings and recommendations, the Court accepts the Report and Recommendation (Doc. #38).
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #38) is ACCEPTED AND ADOPTED and the findings incorporated herein.
2. The parties' Joint Motion for Approval of Settlement and Dismissal of Action with Prejudice (Doc. #37) is GRANTED and the Settlement Agreement and Release of FLSA Claims (Doc. #37-1) is approved as a fair and reasonable resolution of this FLSA dispute.
3. The Clerk of Court is DIRECTED to enter judgment accordingly, dismiss the case with prejudice, terminate all deadlines and motions, and close the file.
DONE and ORDERED.
