I.C. v. Polk County School District et al

Middle District of Florida, flmd-8:2017-cv-00787

ORDER: The Report and Recommendation {{83}} is accepted and adopted. The Clerk is directed to terminate any previously scheduled deadlines and, thereafter, close this case. Signed by Judge Virginia M. Hernandez Covington on 12/18/2017. (JAM)

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PageID 467 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION I.C., a minor, by and through his parent and natural guardian, SUZANNE RIHA, Plaintiffs, v. Case No: 8:17-cv-787-T-33AAS POLK COUNTY SCHOOL DISTRICT, a Florida Governmental Entity; the SCHOOL BOARD OF POLK COUNTY, a Florida Governmental Entity; OUR CHILDREN'S ACADEMY, a Florida Charter School, Defendants. ________________________________/ ORDER This matter comes before the Court on upon consideration of United States Magistrate Judge Amanda Arnold Sansone's Report and Recommendation (Doc. # 83), entered on November 29, 2017, recommending that Plaintiff's Unopposed Petition for Approval of Settlement of a Minor's Claim be granted. As of the date of this Order, no objections have been filed and the time for filing objections has lapsed. The Court accepts and adopts the Report and Recommendation, and accepts, adopts, and approves the settlement agreement (Doc. # 82). 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), 1 PageID 468 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. S. 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 a careful and complete review of the findings, conclusions, and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the magistrate judge and the recommendation of the magistrate judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 83) is ACCEPTED and ADOPTED. (2) Plaintiff's Unopposed Petition for Approval of Settlement of a Minor's Claim (Doc. # 72) is GRANTED. (3) The settlement agreement (Doc. # S-82) is accepted, adopted, and approved by the Court, and the parties are ordered to comply with the terms of the settlement agreement. 2 PageID 469 (4) The Clerk is directed to terminate all pending motions and deadlines and, thereafter, CLOSE this case. DONE and ORDERED in Chambers in Tampa, Florida, this 18th day of December, 2017. 3