Filed: Mar. 24, 2015
Latest Update: Mar. 24, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter is before the Court on consideration of United States Magistrate Judge Douglas N. Frazier's Report and Recommendation ( Doc. #69 ) filed on March 20, 2015. Judge Frazier recommends granting the parties' Joint Motion for Judicial Approval of the Parties' Settlement Agreement, and for Dismissal With Prejudice ( Doc. #66 ) 2 and Joint Memorandum Regarding Settlement ( Doc. #68 ). ( Doc. #69 ). After conducting a careful and comp
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter is before the Court on consideration of United States Magistrate Judge Douglas N. Frazier's Report and Recommendation ( Doc. #69 ) filed on March 20, 2015. Judge Frazier recommends granting the parties' Joint Motion for Judicial Approval of the Parties' Settlement Agreement, and for Dismissal With Prejudice ( Doc. #66 ) 2 and Joint Memorandum Regarding Settlement ( Doc. #68 ). ( Doc. #69 ). After conducting a careful and compl..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter is before the Court on consideration of United States Magistrate Judge Douglas N. Frazier's Report and Recommendation (Doc. #69) filed on March 20, 2015. Judge Frazier recommends granting the parties' Joint Motion for Judicial Approval of the Parties' Settlement Agreement, and for Dismissal With Prejudice (Doc. #66)2 and Joint Memorandum Regarding Settlement (Doc. #68). (Doc. #69).
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 (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 Judge Frazier's findings and recommendations, the Court accepts the Report and Recommendation (Doc. #69).
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #69) is ADOPTED and the findings incorporated herein.
2. The parties' Joint Motion for Approval of the Parties' Settlement Agreement, and for Dismissal With Prejudice (Doc. #66) is GRANTED, and the General Release and Settlement Agreement (Doc. #66-1) is approved as a fair and reasonable resolution of this case.
3. Defendant Rock Solid Environmental, LLC is DISMISSED.
4. The Court retains jurisdiction over this case until July 24, 2015, to ensure all payments under the General Release and Settlement Agreement (Doc. #66-1) are finalized.
5. This case is DISMISSED without prejudice subject to the right of any party, within four (4) months from the date of this Order, July 24, 2015, to submit a stipulated form of final judgment or request an extension of time should they so choose, or for any party to move to reopen the case upon a showing of good cause. See M.D. Local R. 3.08(b). Once that four (4) month period expires, this dismissal shall be deemed with prejudice without further order.
6. The Clerk of the Court is DIRECTED to terminate any previously scheduled deadlines and pending motions, and administratively close the case pending further Order.
DONE and ORDERED.
