Opinion
Case No: 2:14-cv-286-FtM-38DNF
02-16-2015
AMBER REYES, on her own behalf and all similarly situated individuals Plaintiff, v. COLOSSEUM, LLC, DAVID TOWNSEND and LYNN PIPPENGER, Defendants.
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This matter comes before the Court on the Report and Recommendation of Magistrate Judge Douglas Frazier (Doc. #35) filed on February 12, 2015. Magistrate Judge Frazier recommends granting the Parties' Joint Motion to Review and Approve FLSA Settlement Agreement and Dismiss Action with Prejudice (Doc. #34) filed on February 6, 2015, and dismissing the case with prejudice. Neither Party objects.
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), 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 Magistrate Judge Frazier.
Accordingly, it is now ORDERED:
1. The Report and Recommendation of Magistrate Judge Douglas Frazier Approving the Parties Settlement of their FLSA dispute (Doc. #35) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. The Parties' Joint Motion to Review and Approve FLSA Settlement Agreement and Dismiss Action With Prejudice (Doc. #34) is GRANTED, and the parties' Settlement Agreement and FLSA Release (Doc. #34-1) is approved as fair and reasonable.
3. The Clerk shall 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 16th day of February, 2015.
/s/_________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record