Aird v. DAS Hotels LLC

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DOCKE AIRD and DAWNANN MORELLA, Plaintiffs, v. Case No.: 2:19-cv-550-FtM-38NPM DAS HOTELS LLC, SURESH SAM PATEL and BINA PATEL, Defendants. / OPINION AND ORDER1 Before the Court is United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (R&R) (Doc. 40), recommending the Court grant the parties’ Joint Motion for Approval of Settlement and Dismissal with Prejudice (Doc. 39). The parties have expressly waived any objections to the R&R. (Doc. 41).

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. See 28 U.S.C. § 636(b)(1); see also 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 Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. 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).

Judge Mizell found the monetary and nonmonetary terms of the parties’ proposed settlement agreement fair and reasonable. After a careful and complete review of the R&R, the Court agrees.

Accordingly, it is now ORDERED: United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (Doc. 40) is ACCEPTED and ADOPTED. (1) The parties’ Joint Motion for Approval of Settlement and Dismissal with Prejudice (Doc. 39) is GRANTED, and this case is DISMISSED with prejudice. (2) The Clerk is DIRECTED to enter judgment, terminate all pending motions, and close the file.

DONE and ORDERED in Fort Myers, Florida this 10th day of July, 2020.

UNITED STATES DISTRICT JUDGE Copies: All Parties of Record