Opinion
Case No: 2:17-cv-390-FtM-38CM
04-08-2018
THOMAS FUSIC, on behalf of himself and others similarly situated Plaintiff, v. KING PLASTIC CORPORATION, Defendant.
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This matter comes before the Court on review of United Sates Magistrate Judge Carol Mirando's Report and Recommendation (Doc. 38), filed on April 3, 2018. The parties jointly move to waive the objection period. (Doc. 39). Thus, the matter is ripe for review.
Judge Mirando recommends granting the parties' Amended Joint Motion to Approve Settlement Agreement (Doc. 37) as a fair and reasonable resolution to a bona fide dispute under the Fair Labor Standards Act ("FLSA"). Upon a careful and thorough review of the findings, a district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of specific objections, the district judge is not required to conduct a de novo review of the factual findings, 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). However, the district judge reviews legal conclusions de novo, even in the absence of an objection. Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After careful consideration of Judge Mirando's Report and Recommendation and after conducting an independent review of the record, this Court adopts, accepts, and approves the Report and Recommendation (Doc. 38).
Accordingly, it is now ORDERED:
1. United Sates Magistrate Judge Carol Mirando's Report and Recommendation (Doc. 38) is ACCEPTED and ADOPTED.
2. The parties' Amended Joint Motion to Approve Settlement Agreement (Doc. 37) is GRANTED, and the Settlement Agreement (Doc. 37 at 6-11) is APPROVED as fair and reasonable.
3. The Clerk of Court is DIRECTED to enter judgment accordingly, dismiss the remainder of the case with prejudice, terminate all deadlines and motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 8th day of April, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record