Opinion
Case No: 2:17-cv-225-FtM-99MRM
01-19-2018
NICHOLAS NOVIELLI, Plaintiff, v. LAKE EFFECT INVESTMENTS, INC., a Florida profit corporation and CASSANDRA KELLEY, individually, Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #25), filed January 16, 2018, recommending that the Amended Joint Motion to Approve Settlement Agreement and to Dismiss With Prejudice (Doc. #24) be granted, the settlement be approved as fair and reasonable, and that the case be dismissed with prejudice. On January 19, 2018, the parties filed a Joint Notice of Non-Opposition to Report and Recommendation (Doc. #26) indicating no objections to the Report and Recommendation.
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).
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. #25) is hereby adopted and the findings incorporated herein.
2. The parties' Amended Joint Motion to Approve Settlement Agreement and to Dismiss With Prejudice (Doc. #24) is granted and the Settlement Agreement and Mutual General Release of Claims (Doc. #24-1, Exh. A) 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 19th day of January, 2018.
/s/_________
JOHN E. STEELE
SENIOR UNITED STATES DISTRICT JUDGE Copies:
Hon. Mac R. McCoy
United States Magistrate Judge Counsel of Record
Unrepresented parties