Filed: Aug. 02, 2017
Latest Update: Aug. 02, 2017
Summary: OPINION AND ORDER JOHN E. STEELE , Senior District Judge . This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #30), filed July 14, 2017, recommending that that the Joint Motion to Approve Settlement and to Dismiss Action With Prejudice (Doc. #29) be granted, the settlement approved, and the case dismissed. No objections have been filed and the time to do so has expired. After conducting a careful and complete review of the findings a
Summary: OPINION AND ORDER JOHN E. STEELE , Senior District Judge . This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #30), filed July 14, 2017, recommending that that the Joint Motion to Approve Settlement and to Dismiss Action With Prejudice (Doc. #29) be granted, the settlement approved, and the case dismissed. No objections have been filed and the time to do so has expired. After conducting a careful and complete review of the findings an..
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OPINION AND ORDER
JOHN E. STEELE, Senior District Judge.
This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #30), filed July 14, 2017, recommending that that the Joint Motion to Approve Settlement and to Dismiss Action With Prejudice (Doc. #29) be granted, the settlement approved, and the case dismissed. 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 (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). 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).
The settlement agreement relates only to the claims of Gary Dickson against defendant. Plaintiffs Mark Losey and Susan Nelson's claims were settled without compromise, and their claims are being dismissed by separate order. 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. #30) is hereby adopted and the findings incorporated herein.
2. The parties' Joint Motion to Approve Settlement and to Dismiss Action With Prejudice (Doc. #29) is granted and the Settlement Agreement and Mutual Release (Doc. #29, p. 6) is approved as a fair and reasonable resolution of a bona fide dispute.
3. The Clerk shall enter judgment dismissing the claims of Gary Dickson with prejudice.
4. Finding no issues remaining to be tried, the Clerk shall terminate all deadlines and motions, and close the file.
DONE and ORDERED.
