Opinion
Case No: 2:16-cv-273-FtM-29CM
02-01-2018
KALOYAN ANGUELOV, for himself and on behalf of those similarly situated, Plaintiff, v. EVENT PARKING, INC., a Florida profit corporation and KENNETH BENSON, individually, Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #63), filed January 17, 2018, recommending that plaintiffs' Unopposed Motion to Approve Settlement Agreement and Stipulation for Dismissal With Prejudice (Doc. #62) be granted, and the case be dismissed. No objections have been filed and the time to do so has expired.
Nikolay Korichkov joined the case as an opt-in plaintiff. (Doc. #6.) --------
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).
Plaintiffs entered into a Settlement Agreement and Release of Claims for Unpaid Wages (Doc. #62-1) with the defaulted parties. The Magistrate Judge recommends that the settlement agreement is fair and reasonable, and that it was reached separately from the issue of attorney's fees. 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. #63) is hereby adopted and the findings incorporated herein.
2. Plaintiffs' Unopposed Motion to Approve Settlement Agreement and Stipulation for Dismissal With Prejudice (Doc. #62) is granted and the Settlement Agreement and Release of Claims for Unpaid Wages (Doc. #62-1) is approved as a fair and reasonable resolution of a bona fide dispute.
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 1st day of February, 2018.
/s/_________
JOHN E. STEELE
SENIOR UNITED STATES DISTRICT JUDGE Copies:
Hon. Carol Mirando
United States Magistrate Judge Counsel of Record
Unrepresented parties