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Michael Kelly v. Roadsafe Traffic

December 20, 2011

MICHAEL KELLY, PLAINTIFF,
v.
ROADSAFE TRAFFIC SYSTEMS, INC., A FOREIGN PROFIT CORPORATION, TRUTWIN INDUSTRIES, INC. A FLORIDA CORPORATION, DEFENDANTS.



OPINION AND ORDER

This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #22), filed December 8, 2011, recommending that the Joint Motion to Approve Settlement and Dismiss Case (Doc. #17) be granted, the Settlement Agreement (Doc. #17, Exh. A) be approved as fair and reasonable, and the case be dismissed with prejudice. No objections have been filed and the parties filed a Joint Certificate of Non-Objection to Report and Recommendation of Magistrate Judge (Doc. #23).

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)(C). 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. #22) is hereby adopted and the findings incorporated herein.

2. The Joint Motion to Approve Settlement and Dismiss Case (Doc. #17) is GRANTED and the Settlement Agreement (Doc. #17, Exh. A) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions as moot, and close the file.

Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties

20111220

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