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Herrera v. R & L Carriers, Inc., 2:16-cv-795-FtM-99MRM. (2017)

Court: District Court, M.D. Florida Number: infdco20170907c66 Visitors: 13
Filed: Sep. 06, 2017
Latest Update: Sep. 06, 2017
Summary: OPINION AND ORDER JOHN E. STEELE , District Judge . This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #68), filed August 31, 2017, recommending that the parties' Joint Motion for Approval of Settlement (Doc. #66) be granted, that the settlements be approved, and the case dismissed without the Court retaining jurisdiction. On September 5, 2017, the parties filed a Joint Notice of Non-Objection to Report and Recommendation (Doc. #69) i
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OPINION AND ORDER

This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #68), filed August 31, 2017, recommending that the parties' Joint Motion for Approval of Settlement (Doc. #66) be granted, that the settlements be approved, and the case dismissed without the Court retaining jurisdiction. On September 5, 2017, the parties filed a Joint Notice of Non-Objection to Report and Recommendation (Doc. #69) indicating that no objections would be filed.

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).

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. The undersigned is not inclined to retain jurisdiction over enforcement of the settlements, and therefore the Court agrees that approval be granted with the exception that jurisdiction will not be retained over enforcement of the settlements.

Accordingly, it is now

ORDERED:

1. The Report and Recommendation (Doc. #68) is hereby adopted and the findings incorporated herein.

2. The parties' Joint Motion for Approval of Settlement (Doc. #66) is granted, and the Receipts and Releases (Docs. ## 66-1, 66-2) are approved as a fair and reasonable resolution of a bona fide dispute however the Court declines to retain jurisdiction over enforcement.

3. The Clerk shall enter judgment dismissing the case with prejudice, and the Court will not retain jurisdiction over the case.

4. The Clerk is further directed to terminate all deadlines and motions, and close the file.

DONE and ORDERED.

Source:  Leagle

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