Simpson v. Waste Pro of Florida, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

JAMES C. SIMPSON, SR.,

Plaintiff,

v. Case No: 2:22-cv-94-JES-NPM

WASTE PRO OF FLORIDA, INC.,

Defendant.

OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #23), filed November 14, 2022, recommending that the settlement appears to be fair, adequate, and a reasonable resolution of a bona fide dispute between the parties. 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). 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. #23) is hereby adopted, and the findings incorporated herein. 2. The parties' Joint Brief in Support of Approval of

Settlement (Doc. #22) is granted, and the Settlement Agreement and Release (Doc. #22-1) 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. 4. Counsel shall file a motion for attorney fees that complies with Local Rule 7.01(b) within FOURTEEN (14) DAYS of the entry of judgment. DONE and ORDERED at Fort Myers, Florida, this Ist day of December 2022.

/ — VAM Z~ DH JGHH E. STEELE SHNIOR UNITED STATES DISTRICT JUDGE Copies: Hon. Nicholas P. Mizell United States Magistrate Judge Counsel of Record Unrepresented parties