Opinion
Case No: 2:15-cv-22-FtM-38DNF
06-16-2015
MARK RODRIGUEZ, an individual, and all others similarly situated Plaintiff, v. IMPRO SYNERGIES, LLC, Defendant.
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This matter comes before the Court on Report and Recommendation (Doc. #24), filed on May 28, 2015, recommending the (1) Joint Motion for Approval of Settlement and Dismiss Case with Prejudice (Doc. #23) be granted; and (2) the Settlement Agreement (Doc. #23-1) be approved by the Court as a "fair and reasonable resolution of a bona fide dispute" of the FLSA issues. 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. 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)(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 the Magistrate Judge.
Accordingly, it is now
ORDERED:
1. Report and Recommendation (Doc. #24) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. Joint Motion for Approval of Settlement and Dismiss Case with Prejudice (Doc. #23) is GRANTED. The Settlement Agreement (Doc. #23-1) is APPROVED as a "fair and reasonable resolution of a bona fide dispute" of the FLSA issues.
3. This matter is DISMISSED with prejudice.
4. The Clerk is directed to close the file and enter judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 16th day of June, 2015.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record