Serrano v. Gatewood Glass, Inc.

Full title: ALEXIS SERRANO, on his own behalf and others similarly situated…

Court: United States District Court, M.D. Florida, Fort Myers Division

Date published: Oct 19, 2010

Case No. 2:10-cv-293-FtM-29DNF (M.D. Fla. Oct. 19, 2010)

Opinion

Case No. 2:10-cv-293-FtM-29DNF.

October 19, 2010

OPINION AND ORDER

JOHN STEELE, District Judge

This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #29), filed September 28, 2010, recommending that the Joint Motion for Approval of Proposed Settlement Agreement (Doc. #28) be granted, the Settlement Agreement and Release be approved as fair and reasonable, and the case dismissed. 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 and finds the settlement was fair and reasonable.

Accordingly, it is now

ORDERED:

1. The Report and Recommendation (Doc. #29) is hereby adopted and the findings incorporated herein.

2. The Joint Motion for Approval of Proposed Settlement Agreement (Doc. #28) is granted and the Settlement Agreement and Release (Doc. #28-1) is approved as fair and reasonable.

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

DONE AND ORDERED at Fort Myers, Florida, this 19th day of October, 2010.