Summary
recommending dismissal without prejudice where court had not reviewed the fairness of an oral settlement agreement and stating that "the dismissal cannot be with prejudice on that basis alone."
Summary of this case from Kedney v. S. Response Servs.Opinion
Case No. 6:08-cv-1689-Orl-22DAB.
December 4, 2009
ORDER
This cause is before the Court on the Joint Motion for Approval of Joint Stipulation for Dismissal With Prejudice (Doc. No. 39) filed on September 9, 2009.
The United States Magistrate Judge has submitted a report recommending that the Motion be denied, and that the case be dismissed without prejudice.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed November 16, 2009 (Doc. No. 42) is ADOPTED and CONFIRMED and made a part of this Order.
2. The Joint Motion for Approval of Joint Stipulation for Dismissal With Prejudice (Doc. No. 39) is DENIED.
3. This case is DISMISSED WITHOUT PREJUDICE.
4. The Clerk is directed to CLOSE the file.
DONE and ORDERED in Chambers, in Orlando, Florida.