BOLIVAR
v.
GLOBAL DIAGNOSTIC LABS LLC
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The District Court for the Middle District of Florida approved a settlement agreement in a case between Bolivar and Global Diagnostic Labs LLC by adopting the magistrate judge's report and recommendation. The Court granted the joint motion for settlement approval and dismissed the action with prejudice.
The Court granted the joint motion for settlement approval and approved the settlement agreement. The action was dismissed with prejudice, and the parties were ordered to comply with the terms of the settlement agreement.
[1] A party challenging a magistrate judge's report and recommendation must file written objections that specifically identify the portions of the report and the specific bas…
[2] A district court must conduct a de novo review of portions of a magistrate judge's report and recommendation to which a timely and specific objection is made.
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Join FLexlaw to unlock all legal intelligence“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.”
Establishes the standard of review for magistrate judge recommendations under 28 U.S.C. § 636(b)(1)
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Join FLexlaw to unlock all legal intelligenceA settlement agreement was proposed in the case of Bolivar v. Global Diagnostic Labs LLC. The magistrate judge, Anthony E. Porcelli, reviewed the join…
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This matter is before the Court on consideration of the report and recommendation of Anthony E. Porcelli, United States Magistrate Judge, entered on June 3, 2024. (Doc. 64). Judge Porcelli recommends that the “Joint Motion for Settlement Approval” (Doc. 62) be granted. No party has objected, and the time to object 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); Camby v. Davis, 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). A district court must "make a de novo determination of those portions of the [report and recommendation] to which an objection is made." 28 U.S.C. § 636(b)(1)(C).
Upon due consideration of the record, the Court adopts the report and recommendation. The Court agrees with Judge Porcelli's detailed and well-reasoned factual findings and legal conclusions. Consequently, the joint motion is granted and
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the settlement agreement is approved.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
1) Judge Porcelli's report and recommendation (Doc. 64) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
2) The "Joint Motion for Settlement Approval” (Doc. 62) is GRANTED.
3) The Settlement Agreement (Doc. 62-1) is accepted, adopted, and approved by the Court, and the parties are ordered to comply with the terms of the Settlement Agreement.
4) This action is dismissed with prejudice and the Clerk is directed to terminate all pending deadlines and close the case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 25th day of June, 2024.
TOM BARBER UNITED STATES DISTRICT JUDGE
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Citator
Authorities Cited
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)