Filed: Dec. 15, 2015
Latest Update: Dec. 15, 2015
Summary: OPINION AND ORDER JOHN E. STEELE , District Judge . This matter is before the Court on consideration of the Magistrate Judge's 1 Report and Recommendation (Doc. #40), filed October 15, 2015, recommending that the Joint Motion for Approval of Settlement (Doc. #39) be granted, the Settlement Agreement 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 recomme
Summary: OPINION AND ORDER JOHN E. STEELE , District Judge . This matter is before the Court on consideration of the Magistrate Judge's 1 Report and Recommendation (Doc. #40), filed October 15, 2015, recommending that the Joint Motion for Approval of Settlement (Doc. #39) be granted, the Settlement Agreement 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 recommen..
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OPINION AND ORDER
JOHN E. STEELE, District Judge.
This matter is before the Court on consideration of the Magistrate Judge's1 Report and Recommendation (Doc. #40), filed October 15, 2015, recommending that the Joint Motion for Approval of Settlement (Doc. #39) be granted, the Settlement Agreement 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 who conducted the settlement conference between the parties and reviewed the settlement documentation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #40) is hereby adopted and the findings incorporated herein.
2. The parties' Joint Motion for Approval of Settlement (Doc. #39) is granted and the Settlement Agreement (Doc. #39-1) 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.
