Filed: Mar. 07, 2016
Latest Update: Mar. 07, 2016
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. #43), filed March 2, 2016, recommending that the parties' Amended Joint Motion for Dismissal With Prejudice and Settlement Approval (Doc. #42) be granted, the Settlement Agreement (Doc. #39-1) be approved, and the case dismissed. On the same day, the parties filed a Joint Notice of Non-Opposition to Report and Recommendation (Doc. #4
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. #43), filed March 2, 2016, recommending that the parties' Amended Joint Motion for Dismissal With Prejudice and Settlement Approval (Doc. #42) be granted, the Settlement Agreement (Doc. #39-1) be approved, and the case dismissed. On the same day, the parties filed a Joint Notice of Non-Opposition to Report and Recommendation (Doc. #44..
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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. #43), filed March 2, 2016, recommending that the parties' Amended Joint Motion for Dismissal With Prejudice and Settlement Approval (Doc. #42) be granted, the Settlement Agreement (Doc. #39-1) be approved, and the case dismissed. On the same day, the parties filed a Joint Notice of Non-Opposition to Report and Recommendation (Doc. #44) expressing no objections.
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 finding that the $43,000.00 in attorney's fees was separately negotiated, the Court agrees that the settlement may be approved as reasonable on its face, and without separately considering the reasonableness of the fee paid to plaintiff's counsel. Bonetti v. Embarq Mgmt. Co., 715 F.Supp.2d 1222, 1228 (M.D. Fla. 2009). The Court accepts the Report and Recommendation of the magistrate judge.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #43) is hereby adopted and the findings incorporated herein.
2. The parties' Amended Joint Motion for Dismissal With Prejudice and Settlement Approval (Doc. #42) is granted and the Settlement Agreement and Release (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
