Filed: Aug. 07, 2013
Latest Update: Aug. 07, 2013
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter is before the Court on review of the Magistrate Judge's Report and Recommendation (Dkt. # 94 ), filed on July 19, 2013, recommending that the parties' Joint Motion for Approval of Settlement and Dismissal of This Action With Prejudice (Dkt. # 93 ) be granted. 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 accep
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter is before the Court on review of the Magistrate Judge's Report and Recommendation (Dkt. # 94 ), filed on July 19, 2013, recommending that the parties' Joint Motion for Approval of Settlement and Dismissal of This Action With Prejudice (Dkt. # 93 ) be granted. 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..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter is before the Court on review of the Magistrate Judge's Report and Recommendation (Dkt. #94), filed on July 19, 2013, recommending that the parties' Joint Motion for Approval of Settlement and Dismissal of This Action With Prejudice (Dkt. #93) be granted. 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 need for a district judge to 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); 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 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. However, the Court takes this opportunity to address an issue not addressed in the Report and Recommendation: the parties' request that the Court retain jurisdiction over this case to enforce the settlement agreement. The Court is generally reluctant to retain jurisdiction over these matters and will not do so here.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Dkt. #94) is hereby adopted and the findings incorporated herein.
(2) The parties' Joint Motion for Approval of Settlement and Dismissal of This Action With Prejudice (Dkt. #93) is GRANTED in part and DENIED in part. It is GRANTED to the extent the parties' seek approval of their settlement and dismissal of this case but denied as to the parties' request that the Court retain jurisdiction over this case to enforce the settlement.
(3) The Clerk shall enter judgment DISMISSING the case with prejudice, terminate all deadlines and motions, and close the file.
DONE and ORDERED.
