Molina et al v. Ace Homecare LLC

Middle District of Florida, flmd-8:2016-cv-02214

ORDER adopting {{125}} Report and Recommendation; granting final approval of the WARN Act settlement; and directing the Clerk to enter WARN Act judgment. Signed by Judge James D. Whittemore on 7/17/2019. (AKA)

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PageID 918 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION TONI MOLINA, et al., Plaintiffs, v. Case No: 8:16-CV-2214-T-27TGW ACE HOMECARE LLC, BRL INVESTMENTS, LLC, ARTHUR BARLAAN and JOCELYN BARLAAN, Defendants. ___________________________________/ ORDER BEFORE THE COURT is the Report and Recommendation from the Magistrate Judge recommending final approval of the settlement between Plaintiff and Defendants Ace Homecare LLC and BRL Investments, LLC .1 (Dkt. 125). No party filed objections and the time for doing so has expired. A district court may accept, reject or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). In the absence of specific objections, there is no requirement that factual findings be reviewed de novo, and the court may accept, reject or modify, in whole or in part, the findings and recommendations. § 636(b)(1)(C); Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Legal conclusions are reviewed de novo, even in the absence of an objection. See LeCroy v. McNeil, 397 F. App'x 554, 556 (11th Cir. 2010) (citing United States v. Warren, 687 F.2d 347, 348 (11th Cir. 1982)); Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994). After conducting a careful and complete review of the findings, conclusions, and recommendations, and giving de novo review to matters of law, 1 The case remains stayed as to Defendants Arthur Barlaan and Jocelyn Barlaan. 1 PageID 919 1. The Report and Recommendation (Dkt. 125) is APPROVED and ADOPTED for all purposes, including for appellate review. 2. The WARN Act settlement agreement (90-3) is APPROVED. 3. The Clerk is directed to enter the WARN Act judgment (Dkt. 90-4). DONE AND ORDERED this 17th day of July, 2019. /s/ James D. Whittemore JAMES D. WHITTEMORE United States District Judge Copies to: Counsel of Record 2