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SIMMONS v. FLORIDA CONCRETE UNLIMITED, INC., 2:13-cv-754-FtM-29DNF. (2014)

Court: District Court, M.D. Florida Number: infdco20140506820 Visitors: 9
Filed: Apr. 29, 2014
Latest Update: Apr. 29, 2014
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. #24), filed April 25, 2014, recommending that the parties' Joint Motion to Approve Settlement Agreement and Release and Dismiss Case With Prejudice (Doc. #23) be granted, the settlement agreement be approved, and the case dismissed. The parties filed a Joint Notice of Non-Objection Regarding Report & Recommendation Dated April 25, 2014 (D
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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. #24), filed April 25, 2014, recommending that the parties' Joint Motion to Approve Settlement Agreement and Release and Dismiss Case With Prejudice (Doc. #23) be granted, the settlement agreement be approved, and the case dismissed. The parties filed a Joint Notice of Non-Objection Regarding Report & Recommendation Dated April 25, 2014 (Doc. #25).

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)(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. #24) is hereby adopted and the findings incorporated herein.

2. The parties' Joint Motion to Approve Settlement Agreement and Release and Dismiss Case With Prejudice (Doc. #23) is granted and the Confidential Settlement Agreement (Doc. #23-1) 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.

DONE and ORDERED at Fort Myers, Florida, this 29th day of April, 2014.

Source:  Leagle

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