Opinion
Case No: 2:13-cv-772-FtM-38CM
04-14-2015
EDWARD SMITH, on behalf of himself and those similarly situated Plaintiff, v. ARTISAN BREAD COMPANY and TODD JOHNSON, Defendants.
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This matter comes before the Court on Magistrate Judge Carol Mirando's Report and Recommendation (Doc. #48) filed on March 25, 2015, recommending that the Joint Motion for Approval of Settlement Agreement and Dismissal of the Action with Prejudice (Doc. #47) be granted and the settlement be approved. No objections have been filed.
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. The Report and Recommendation (Doc. #48) is ACCEPTED and ADOPTED and the findings are incorporated herein.
2. Joint Motion for Approval of Settlement Agreement and Dismissal of the Action with Prejudice (Doc. #47) is GRANTED. The settlement (Doc. #47-1) is approved.
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 14th day of April, 2015.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record