Opinion
Case No: 2:18-cv-642-FtM-29UAM
03-28-2019
OSCAR AGUIRIANO, an individual, Plaintiff, v. SOUTH STREET RESTAURANT GROUP, INC., a Florida profit corporation, Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #22), filed March 13, 2019, recommending that the Joint Motion to Approve Settlement and Dismiss with Prejudice (Doc. #21) be granted in part and denied in part, the Settlement Agreement and Plaintiff's Full and Final Release of Claims for Unpaid Wages (Doc. #21-1) be approved, and the case be 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.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #22) is hereby adopted and the findings incorporated herein.
2. The parties' Joint Motion to Approve Settlement and Dismiss with Prejudice (Doc. #21) is granted in part and denied in part. The Settlement Agreement and Plaintiff's Full and Final Release of Claims for Unpaid Wages (Doc. #21-1) is approved as a fair and reasonable resolution of a bona fide dispute. The parties' request for the Court to retain jurisdiction over enforcement of the settlement agreement for a period of 60 days is denied.
3. 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 28th day of March, 2019.
/s/_________
JOHN E. STEELE
SENIOR UNITED STATES DISTRICT JUDGE Copies:
Hon. Douglas N. Frazier
United States Magistrate Judge Counsel of Record
Unrepresented parties