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SPAHN v. ALICO LODGING L.L.C, 2:11-cv-452-FtM-29SPC. (2012)

Court: District Court, M.D. Florida Number: infdco20120106825 Visitors: 6
Filed: Jan. 05, 2012
Latest Update: Jan. 05, 2012
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. #22), filed January 5, 2012, recommending that the Joint Motion for Approval and Dismissal With Prejudice (Doc. #21) be granted, the settlement agreement be approved, and the case dismissed. The parties filed a Joint Notice of No-Objection to January 5, 2012 Report and Recommendation (Doc. #23) on the same day indicating no objection. Af
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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. #22), filed January 5, 2012, recommending that the Joint Motion for Approval and Dismissal With Prejudice (Doc. #21) be granted, the settlement agreement be approved, and the case dismissed. The parties filed a Joint Notice of No-Objection to January 5, 2012 Report and Recommendation (Doc. #23) on the same day indicating no objection.

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 (Doc. #22) of the magistrate judge.

Accordingly, it is now

ORDERED:

1. The Report and Recommendation (Doc. #22) is hereby adopted and the findings incorporated herein.

2. The Joint Motion for Approval and Dismissal With Prejudice (Doc. #21) is GRANTED and the Settlement Agreement, Release and Disclaimer (Doc. #21-1) is approved as fair and reasonable.

3. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file.

DONE AND ORDERED.

Source:  Leagle

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