COMANDINI
v.
GREYSTONE HEALTHCARE MANAGEMENT CORP.
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The court adopted the magistrate judge's report and recommendation, approving the settlement agreement and dismissing the case with prejudice.
The parties filed a joint motion for approval of a settlement agreement. The magistrate judge recommended approval of the settlement.…
The full statement of facts, procedural history, and disposition for this case are member content.
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This matter is before the Court on the report and recommendation of Julie S. Sneed, United States Magistrate Judge, entered on April 8, 2021. (Doc. 37). Judge Sneed recommends that the “Joint Motion for Approval of Settlement Agreement” (Doc. 31) and supplemental motion for approval of the settlement agreement (Doc. 36) be granted and that the settlement agreement be approved. 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); Camby v. Davis, 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). A district court must “make a de novo determination of those portions of the [report and recommendation] to which an objection is made.” 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006); Nettles v. Wainwright, 677 F. 2d 404, 409 (5th Cir. 1982). Upon consideration of the record, including Judge Sneed’s report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Sneed’s detailed and well-reasoned findings and conclusions, including that the settlement agreement constitutes a fair and reasonable compromise of the dispute. See Lynn’s Food Stores, Inc. v. United States, 679 F. 2d 1350, 1353 (11th Cir. 1982). Consequently, the motion to approve the settlement agreement is granted, and the settlement agreement is approved.
Accordingly, it is ORDERED, ADJUDGED, and DECREED: 1. Judge Sneed’s report and recommendation (Doc. 37) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. 2. The “Joint Motion for Approval of Settlement Agreement” (Doc. 31) and the supplemental motion (Doc. 36) are GRANTED.
3. The Settlement Agreement and Release (Doc. 31-1) and Addendum (Doc. 36-1) are APPROVED.
4. This action is DISMISSED WITH PREJUDICE.
5. The Clerk is directed to terminate any pending motions or deadlines and thereafter close this case. DONE and ORDERED in Chambers, in Tampa, Florida, this 30th day of April, 2021.
(
TOM BARBER
UNITED STATES DISTRICT JUDGE
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Authorities Cited
- Ennis Nettles v. Louie L. Wainwright, 677 F.2d 404 (5th Cir. 1982)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)