AMBIELA
v.
ROKO INVESTMENTS 2 LLC
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Court adopts the Magistrate Judge's recommendation to approve the settlement agreement and dismiss the case.
The parties filed a joint motion to approve their settlement agreement and dismiss the case with prejudice. The Magistrate Judge held a fairness heari…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Settlement Agreement Approval cases and more on FLexlaw
d/b/a OLENKA ARTISAN BAKERY, OSCAR PRIETO, and OLENKA RIGLOS,
Defendants. __________________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
THIS CAUSE is before the Court on the Magistrate Judge’s Report and Recommendation on Joint Motion for Approval of Parties’ Settlement Agreement and Dismissal with Prejudice (DE ) issued on January 20, 2023. Therein, Magistrate Judge Damian considered the parties’ Joint Motion for Approval of Parties’ Settlement Agreement and Dismissal with Prejudice (DE ) and, following a Fairness Hearing held on January 17, 2023, recommends the Joint Motion for Approval of Parties’ Settlement Agreement and Dismissal with Prejudice (DE ) be granted and the Settlement Agreement be approved. The parties were given five days to file any objections to the magistrate judge’s factual findings and recommendation. See 28 U.S.C. § 636(b)(1); S.D. Fla. Mag. J. R. 4(b). Here, neither side filed any such objections. With no objections filed, the Court’s review of the Report and Recommendation (DE ) is properly limited to a de novo review of only its legal conclusions. See Certain Underwriters at Lloyd’s of London v. PharmaTech, LLC, 2019 WL 4673739, at *1 (M.D. Fla. Aug. 19, 2019) (“Legal conclusions are reviewed de novo, even in the absence of an objection.”). This Court has reviewed the entire file and record and has made a de novo review of the issues. No objections to the Report and Recommendation (DE ) have been filed, thus, the Court reviews it for clear error. See Fed. R. Civ. P. 72. Accordingly, it is hereby ORDERED AND ADJUDGED that the Magistrate Judge’s Report and Recommendation on Joint Motion for Approval of Parties’ Settlement Agreement and Dismissal with Prejudice (DE ) is AFFIRMED and ADOPTED.
IT IS FURTHER ORDERED AND ADJUDGED as follows: 1. The Joint Motion for Approval of Parties’ Settlement Agreement and Dismissal with Prejudice (DE ) is GRANTED. 2. The Settlement Agreement (DE [33-1]) between Plaintiff, AMILCAR AMBIELA, and Defendants, ROKO INVESTMENTS 2, LLC, ROKO INVESTMENTS, LLC, OSCAR PRIETO, and OLENKA RIGLOS, is APPROVED in its entirety.
3. This case is DISMISSED WITH PREJUDICE.
4. The Court retains jurisdiction to enforce the terms of the parties’ Settlement Agreement (DE [33-1]). 5. The Clerk of Court is directed to CLOSE this case and DENY AS MOOT any
pending motions. 6. Furthermore, all deadlines are TERMINATED, and all hearings are
CANCELLED.
DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 24th day of February 2023. \
RAAG SE
UNITED STATES DISTRICT JUDGE
Copies furnished to counsel of record via CM/ECF