SCANDALIOS
v.
TCC WIRELESS, LLC
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The Court adopts the Magistrate Judge's report and recommendation, approving the parties' settlement agreement and dismissing the case with prejudice.
Plaintiff Nicholas Scandalios and Defendant TCC Wireless, LLC, entered into a settlement agreement. The Magistrate Judge recommended approving the set…
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THIS CAUSE is before the Court on the Report and Recommendation Approving Settlement Agreement (Dkt. No. 15; Report) entered by the Honorable Laura Lothman Lambert, United States Magistrate Judge, on May 18, 2023. In the Report, Judge Lambert recommends that the Joint Motion to Approve Settlement and Dismiss Case With Prejudice (Dkt. No. 14; Motion) be granted to the extent that the Court enter an Order and Stipulated Final Judgment approving the parties’ settlement agreement and that the case be dismissed with prejudice. See Report at 13. No objections to the Report have been filed, and the time for doing so has passed. The Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b).
Pursuant to Rule 72, Federal Rules of Civil Procedure (Rule(s)), the Court “must determine de novo any part of the magistrate judge’s disposition that has been properly objected to.” See Rule 72(b)(3); see also 28 U.S.C. § 636(b)(1). However, a party waives the right to challenge on appeal any unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1.1 As such, the Court reviews those portions of the Magistrate Judge’s findings to which no objection was filed for plain error and only if necessary, in the interests of justice. See id.; see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not appear that
Congress intended to require district court review of a magistrate [judge’s] factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”); Dupree v. Warden, 715 F. 3d 1295, 1304-05 (11th Cir. 2013) (recommending the adoption of what would become
11th Circuit Rule 3-1 so that district courts do not have “to spend significant amounts of time and resources reviewing every issue—whether objected to or not.”).
1. The Report and Recommendation Approving Settlement
Agreement (Dkt. No. 15) is ADOPTED as the opinion of the Court. 2. The Joint Motion to Approve Settlement and Dismiss Case With Prejudice (Dkt. No. 14) is GRANTED to the extent that the Court enters this Order and Stipulated Final Judgment. 3. The Settlement and General Release Agreement (Dkt. No. 14-1) is
APPROVED.
4, This case is DISMISSED with prejudice. 5. The Clerk of the Court is directed to terminate all pending motions and deadlines as moot and close the file. DONE AND ORDERED in Jacksonville, Florida this 6th day of June, 2023.
United States District Judge ja
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Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Dupree v. Warden, Attorney Gen., State of Ala., 715 F.3d 1295 (11th Cir. 2013)