Opinion
2:20-cv-912-SPC-MRM
01-25-2022
KURT MOHRING, Plaintiff, v. SPEEDWAY, LLC, Defendant.
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SHERI POLSTER CHAPPE UNITED STATES DISTRICT JUDGE
Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation. (Doc. 46). Judge McCoy recommends granting the Second Amended Joint Motion for Approval of Settlement (Doc. 45), and approving their FLSA Settlement Agreement, Waiver, and Release (Doc. 45-1). Neither party objected, so the matter is ripe for review.
After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part, ” the magistrate judge's R&R. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the R&R de novo. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don't object, a district court need only correct plain error as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 Fed.Appx. 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F.3d 1322, 1329 (11th Cir. 1999).
After careful consideration and an independent review of the case, the Court finds no plain error. It thus accepts and adopts the Report and Recommendation (Doc. 46) in full.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 46) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. The Second Amended Joint Motion for Approval of Settlement (Doc. 45) is GRANTED and the FLSA Settlement Agreement, Waiver, and Release (Doc. 45-1) is APPROVED.
3. This action is DISMISSED with prejudice.
4. The Clerk of Court is DIRECTED to enter judgment, terminate any pending motions or deadlines, and close the case.
DONE and ORDERED in Fort Myers, Florida.
Copies: All Parties of Record