Filed: Nov. 07, 2014
Latest Update: Nov. 07, 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. #50), filed October 17, 2014, recommending that the parties' Joint Motion for Dismissal With Prejudice (Doc. #47) and Joint Motion to Approve the Settlement of Plaintiff's Claims Under the Fair Labor Standards Act (Do. #49) be granted, the parties' Settlement and Complete Waiver/Release Agreement (Doc. #49-1) be approved, and the case dis
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. #50), filed October 17, 2014, recommending that the parties' Joint Motion for Dismissal With Prejudice (Doc. #47) and Joint Motion to Approve the Settlement of Plaintiff's Claims Under the Fair Labor Standards Act (Do. #49) be granted, the parties' Settlement and Complete Waiver/Release Agreement (Doc. #49-1) be approved, and the case dism..
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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. #50), filed October 17, 2014, recommending that the parties' Joint Motion for Dismissal With Prejudice (Doc. #47) and Joint Motion to Approve the Settlement of Plaintiff's Claims Under the Fair Labor Standards Act (Do. #49) be granted, the parties' Settlement and Complete Waiver/Release Agreement (Doc. #49-1) be approved, and the case dismissed with prejudice. 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 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. #50) is hereby adopted and the findings incorporated herein.
2. The parties' Joint Motion to Approve the Settlement of Plaintiff's Claims Under the Fair Labor Standards Act (Doc. #49) is granted and the Settlement Agreement and General Release (Doc. #49-1) is approved as a fair and reasonable resolution of a bona fide dispute.
3. The parties' Joint Motion for Dismissal With Prejudice (Doc. #47) is granted. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file.
DONE and ORDERED.
