Opinion
Case No. 2:11-cv-47-FtM-29DNF.
August 17, 2011
OPINION AND ORDER
This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #28), filed July 26, 2011, recommending that the Joint Motion to Approve Settlement Agreement (Doc. #27) be granted, the settlement approved as fair and reasonable, and the case 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, and finds that the settlement is fair and reasonable.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #28) is hereby adopted and the findings incorporated herein.
2. The parties' Joint Motion to Approve Settlement Agreement (Doc. #27) is GRANTED and the Settlement Agreement and Full and Final Mutual Release of All Claims (Doc. #27-1) is approved as fair and reasonable.
3. The Clerk shall enter judgment dismissing the case with prejudice, except as otherwise provided by settlement, terminate all pending deadlines as moot, and close the file.
DONE AND ORDERED at Fort Myers, Florida.