Opinion
Case No: 2:14-cv-527-FtM-29CM
09-09-2015
CATHERINE BROWN, an individual, Plaintiff, v. DOCTOR'S CHOICE HOME CARE, INC., a Florida corporation, Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #30), filed August 21, 2015, recommending that the parties' Joint Motion for Court Approval of Settlement Agreement and Dismissal with Prejudice 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.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #30) is hereby adopted and the findings incorporated herein.
2. The parties' Joint Motion for Court Approval of Settlement Agreement and Dismissal with Prejudice (Doc. #28) is granted and the Settlement Agreement Pursuant to the Fair Labor Standards Act and the Florida Minimum Wage Act (Doc. #28-1) 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 9th day of September, 2015.
/s/_________
JOHN E. STEELE
SENIOR UNITED STATES DISTRICT JUDGE
Copies:
Hon. Carol Mirando
United States Magistrate Judge Counsel of Record
Unrepresented parties