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Garvey v. JHS Builders, LLC, 2:18-cv-47-FtM-99CM. (2018)

Court: District Court, M.D. Florida Number: infdco20181203d01 Visitors: 7
Filed: Dec. 03, 2018
Latest Update: Dec. 03, 2018
Summary: OPINION AND ORDER JOHN E. STEELE , Senior District Judge . This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #27), filed November 29, 2018, recommending that that the Joint Motion to Approve Settlement Agreement and Stipulation for Dismissal With Prejudice (Doc. #25) be granted, and the case dismissed with prejudice. On November 30, 2018, the parties filed a Joint Notice of Non-Objection to Report and Recommendation (Doc. #28) indica
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OPINION AND ORDER

This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #27), filed November 29, 2018, recommending that that the Joint Motion to Approve Settlement Agreement and Stipulation for Dismissal With Prejudice (Doc. #25) be granted, and the case dismissed with prejudice. On November 30, 2018, the parties filed a Joint Notice of Non-Objection to Report and Recommendation (Doc. #28) indicating 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). 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. #27) is hereby adopted and the findings incorporated herein.

2. The parties' Joint Motion to Approve Settlement Agreement and Stipulation for Dismissal With Prejudice (Doc. #25) is granted and the Settlement Agreement and Release of claims (Doc. #26-1) 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.

Source:  Leagle

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