Opinion
Case No: 2:14-cv-718-FtM-38MRM
09-11-2015
DAISY RIVERA, Plaintiff, v. GOLFVIEW GOLF & RACQUET CLUB COMMUNITY ASSOCIATIONS, INC. and DENNIS CATOE, Defendants.
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This matter comes before the Court on United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. #41) filed on September 8, 2015. Judge McCoy recommends granting the parties' Joint Motion to Approve Settlement Agreement and Stipulation for Dismissal with Prejudice (Doc. #40) and approving the Settlement Agreement and General Release (Doc. #40-1) as a fair and reasonable resolution of a bona fide dispute under the Fair Labor Standards Act. (Doc. #41). The parties do not object to the Report and Recommendation. (Doc. #42). 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 McCoy's findings and recommendations, the Court accepts the Report and Recommendation (Doc. #41).
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #41) is ACCEPTED AND ADOPTED and the findings incorporated herein.
2. The parties' Joint Motion to Approve Settlement Agreement and Stipulation for Dismissal with Prejudice (Doc. #40) is GRANTED, and the Settlement Agreement and General Release (Doc. #40-1) is approved as fair and reasonable.
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 11th day of September, 2015.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record