Summary
recommending that the plaintiff's "waiver and general release" provision be stricken where the settlement agreement contained a severability provision
Summary of this case from Godwin v. IMCMV Daytona LLCOpinion
Case No: 2:16-cv-755-FtM-99MRM
08-02-2017
GABRIELE GOERN, Plaintiff, v. EVERGLADES DAY SAFARI, INC., Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #32), filed July 14, 2017, recommending that the parties' Amended Joint Motion for Approval of Settlement and Dismissal With Prejudice (Doc. #31) be approved, as modified to strike certain language. 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). 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. #32) is hereby adopted and the findings incorporated herein.
2. The parties' Amended Joint Motion for Approval of Settlement and Dismissal With Prejudice (Doc. #31) is granted with one exception. The Waiver and General Release in paragraph 3 of Settlement Agreement and General Release (Doc. #26) is stricken and modified to read "In exchange for the consideration provided for in this agreement, plaintiff unconditionally releases the Defendant from any FLSA claim."
3. The Settlement Agreement and General Release (Doc. #26) is approved as modified as a fair and reasonable resolution of a bona fide dispute. .
4. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file.
DONE and ORDERED at Fort Myers, Florida, this 2nd day of August, 2017.
/s/_________
JOHN E. STEELE
SENIOR UNITED STATES DISTRICT JUDGE Copies:
Hon. Mac R. McCoy
United States Magistrate Judge Counsel of Record
Unrepresented parties