Opinion
Case No: 2:18-cv-164-FtM-38CM
06-11-2018
KIM JAYNELLA, Plaintiff, v. MARC S. SCHNEIDER, M.D., Defendant.
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Before the Court is United States Magistrate Judge Carol Mirando's Report and Recommendation. (Doc. 11). Judge Mirando recommends granting the parties' Joint Motion for Approval of Settlement (Doc. 10) and dismissing with prejudice all claims asserted in this action by Plaintiff Kim Jaynella. The parties do not object to the Report and Recommendation, and the time to do so has expired. For the following reasons, the Court accepts and adopts the Report and Recommendation.
A district judge "may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). The district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id. And "[t]he judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." Id.
After examining the file independently, and upon considering Judge Mirando's findings and recommendations, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 11) is ACCEPTED and ADOPTED and the findings incorporated herein.
(2) The parties' Joint Motion for Approval of Settlement (Doc. 10) is GRANTED and the Modified Release of Claims Agreement (Doc. 10 at 7-13) is APPROVED as a fair and reasonable resolution of the bona fide dispute under the Fair Labor Standards Act.
(3) The above-captioned case is action is DISMISSED WITH PREJUDICE.
(4) The Clerk is DIRECTED to enter judgment accordingly, terminate any pending deadlines and motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 11th day of June 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record