D'AMATO
v.
PALM RIVER MHP, LLC
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The court approved the FLSA settlement agreement as a fair and reasonable resolution of a bona fide dispute.
Plaintiff Diane D’Amato sued defendants Palm River MHP, LLC and Raymond Perrine. The parties jointly moved to approve a settlement agreement and dismi…
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This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #28), filed September 17, 2019, recommending that the Joint Motion to Approve FLSA Settlement and for Dismissal With Prejudice (Doc. #27) be granted, the Settlement Agreement (Doc. #27-1) be approved, and that defendants be dismissed with prejudice. No objections have been filed and the time to do so has expired. 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). 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). The settlement includes a provision for plaintiff’s attorney fees. The parties indicated that the fees were negotiated separately from the settlement terms. 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. #28) is hereby adopted and the findings incorporated herein.
2. The parties' Joint Motion to Approve FLSA Settlement and
for Dismissal With Prejudice (Doc. #27) is granted and the Settlement Agreement (Doc. #27-1) is approved as a fair and reasonable resolution of a bona fide dispute. 3. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions, and close the file. DONE and ORDERED at Fort Myers, Florida, this 8th day of October, 2019.
—" Ap p
JGHH E. STEELE
Sq IGOR UNITED STATES DISTRICT JUDGE Copies: Hon. Nicholas P. Mizell United States Magistrate Judge Counsel of Record Unrepresented parties
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Citator
Authorities Cited
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Castro Bobadilla v. Reno, 1993 WL 259424 (S.D. Fla. 1993)
- Williams v. Wainwright, 459 U.S. 1112 (U.S. 1983)