Saxon v. West Coast Drywall Const., Inc.

Full title: MICHAEL SAXON on his own behalf and others similarly situated, Plaintiff…

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

Date published: Sep 25, 2008

Case No. 2:08-cv-127-FtM-99SPC (M.D. Fla. Sep. 25, 2008)

Opinion

Case No. 2:08-cv-127-FtM-99SPC.

September 25, 2008

OPINION AND ORDER

JOHN STEELE, District Judge

This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #44), filed September 10, 2008, recommending that the parties' Joint Motion for Approval of Amended Settlement Agreement as Stipulated Final Judgment (Doc. #43) be granted. 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 is fair and reasonable.

Accordingly, it is now

ORDERED:

1. The Report and Recommendation (Doc. #44) is hereby accepted and adopted.

2. The parties' Joint Motion for Approval of Amended Settlement Agreement as Stipulated Final Judgment (Doc. #43) is GRANTED and the Settlement Agreement and Full and Final Mutual Release of All Claims (Doc. #43-2) is approved.

3. The Clerk shall enter judgment dismissing the case with prejudice, except as provided by the Settlement Agreement and Full and Final Mutual Release of All Claims (Doc. #43-2), terminate all deadlines, and close the case.

DONE AND ORDERED at Fort Myers, Florida.