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Robert Kruse v. Park Place Swfl

January 3, 2012

ROBERT KRUSE, PLAINTIFF,
v.
PARK PLACE SWFL, LLC, A FLORIDA LIMITED LIABILITY COMPANY, DOING BUSINESS AS DRIVE'N FLYOUT, WEN JONG WU, SCOTT SPENCE, LYNN MICHAELS, DEFENDANTS.



OPINION AND ORDER

This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #21), filed December 13, 2011, recommending that the Second Joint Motion for Approval of Settlement (Doc. #20) be granted, the settlement be approved, and the case dismissed. 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)(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. #21) is hereby adopted and the findings incorporated herein.

2. The parties' Second Joint Motion for Approval of Settlement (Doc. #20) is GRANTED and the Settlement Agreement and Full and Final Mutual Release of All Claims (Doc. #20-1) is approved as fair and reasonable.

3. The Clerk shall enter judgment dismissing the case with prejudice except as provided by the settlement, terminate all deadlines and motions, and close the file.

Copies:

Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties

20120103

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