Opinion
Case No: 2:15-cv-37-FtM-38CM
10-13-2015
PAUL PLUMMER and NICHOLAS WHITE, on behalf of themselves and those similarly situated Plaintiffs, v. PJCF, LLC, Defendant.
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This matter comes before the Court on United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. #46) filed on October 8, 2015. Judge Mirando recommends granting the parties' Amended Joint Motion for Approval of Settlement (Doc. #45) and approving the Settlement Agreement and Release of All Claims (Doc. #45-1) as a fair and reasonable resolution of a bona fide dispute under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (Doc. #46). The parties do not object to the Report and Recommendation. (Doc. #47). Thus, this 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 the magistrate judge's report and recommendation. See 28 U.S.C. § 636(b)(1); see also Williams v . Wainwright, 681 F.2d 732 (11th Cir. 1982). 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).
After independently examining the file and upon considering Judge Mirando's findings and recommendations, the Court accepts the Report and Recommendation (Doc. #46).
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #46) is ACCEPTED AND ADOPTED and the findings incorporated herein.
2. The parties' Amended Joint Motion for Approval of Settlement (Doc. #45) is GRANTED and the Settlement Agreement and Release of All Claims (Doc. #45-1; Doc. #45-2) is approved as a fair and reasonable resolution of a bona fide dispute under the Fair Labor Standards Act.
3. The Clerk of Court is DIRECTED to enter judgment accordingly, dismiss the case with prejudice, terminate all deadlines and motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 13th day of October, 2015.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record