Seelen v. Med Coach, LLC

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

LEONARD SEELEN,

Plaintiff,

v. Case No. 8:19-cv-936-TPB-SPF

MED COACH, LLC, a Florida limited liability company,

Defendant. /

ORDER ADOPTING REPORT AND RECOMMENDATION This matter is before the Court on the report and recommendation of Sean P. Flynn, United States Magistrate Judge, entered on January 19, 2021. (Doc. 49). Judge Flynn recommends that the “Joint Motion to Approve the Parties’ Settlement” (Doc. 47) be granted and that the settlement 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); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). 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. S. 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). Upon consideration of the record, including Judge Flynn’s report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Flynn’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 joint motion to approve the settlement is granted, and the settlement agreement is approved. Accordingly, it is ORDERED, ADJUDGED, and DECREED: 1. Judge Flynn’s report and recommendation (Doc. 49) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.

2. The “Joint Motion to Approve the Parties’ Settlement” (Doc. 47) is GRANTED. The settlement agreement (Doc. 47-1) is APPROVED. 3. This action is DISMISSED WITH PREJUDICE. 4. 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 26th day of January, 2021.

“| fu TOM BARBER UNITED STATES DISTRICT JUDGE

Page 8 of 3