Pickett v. Accutek Packaging Equipment Company

United States District Court for the Middle District of Florida

Pickett v. Accutek Packaging Equipment Company

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

MICHAEL PICKETT,

Plaintiff,

v. Case No: 2:22-cv-736-JES-KCD

ACCUTEK PACKAGING EQUIPMENT COMPANY,

Defendant.

OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #26), filed August 2, 2023, recommending that the Joint Motion to Approve Settlement be granted, and the case dismissed with prejudice. 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

(lith Cir. 1994); Castro Bobadilla v. Reno,

826 F. Supp. 1428, 1431-32

(S.D. Fla. 1993), aff’d,

28 F.3d 116

(llth 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. #26) is hereby adopted and the findings incorporated herein. 2. The parties' Joint Motion to Approve Settlement (Doc. #25) is granted, and the Settlement Agreement (Doc. #25-1) 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. DONE and ORDERED at Fort Myers, Florida, this 17th day of August 2023.

0 x off le hy dE. Ah Look JGHN E. STEELE SHNIOR UNITED STATES DISTRICT JUDGE Copies: Hon. Kyle C. Dudek United States Magistrate Judge Counsel of Record

Reference

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