Laurie Campbell v. South Florida Barbeque, Inc., No. 2:2010cv00623 - Document 102 (M.D. Fla. 2011)

Court Description: OPINION AND ORDER adopting 99 Report and Recommendations; granting Notices of Acceptance, deemed motions for approval of settlement and the Offers of Judgment are approved as fair and reasonable; granting 100 Motion for extension of time to file and the 101 Motion for attorneys' fees is accepted as timely filed and will be addressed in due course. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 9/21/2011. (RKR)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION LAURIE CAMPBELL, on her own behalf and on behalf of others similarly situated, Plaintiff, vs. Case No. 2:10-cv-623-FtM-29SPC SOUTH FLORIDA BARBEQUE, INC., d/b/a SONNY'S BBQ PALM BEACH BLVD., DALE COYNE and ALAN HOROWITZ, individually, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #99), filed August 29, 2011, recommending that the Notices of Acceptance of the Defendant s Offers of Judgment, construed as motions, be granted and the settlement agreements be approved; that plaintiff submit for review a copy of billing records or a copy of an agreement for reasonable fees and costs by September 13, 2011; and that the case be dismissed with prejudice with the Court retaining jurisdiction over the issue of attorney s fees and costs. No objections have been filed, and the time to do so has expired. Also before the Court is plaintiff s Unopposed Motion for Extension of Time to File Motion for Attorneys Fees and Costs (Doc. #100) filed on September 13, 2011. 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. 636(b)(1); 28 U.S.C. § 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. 636(b)(1)(C). 28 U.S.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. #99) is hereby adopted. 2. The Notices of Acceptance, deemed motions for approval of settlement, are GRANTED and the Offers of Judgment are approved as fair and reasonable. -2- 3. Plaintiff s Unopposed Motion for Extension of Time to File Motion for Attorneys Fees and Costs (Doc. #100) is GRANTED and the Motion for Award of Attorneys Fees and Costs (Doc. #101) is accepted as timely filed. 4. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines, and close the file. 5. The Motion for Award of Attorneys Fees and Costs (Doc. #101) will be addressed in due course. DONE AND ORDERED at Fort Myers, Florida, this September, 2011. Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties -3- 21st day of

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.