recommending the adoption of what would become 11th Circuit Rule 3-1 so that district courts do not have “to spend significant amounts of time and resources reviewing every issue—whether objected to or not.”
How later courts described this case
- recommending the adoption of what would become 11th Circuit Rule 3-1 so that district courts do not have “to spend significant amounts of time and resources reviewing every issue—whether objected to or not.”
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
PATRICIA BURKEL,
Plaintiff,
v. Case No. 3:21-cv-888-MMH-JBT
UNION COUNTY BOARD OF
COUNTY COMMISSIONERS,
Defendant.
ORDER
THIS CAUSE is before the Court on the Report and Recommendation
(Dkt. No. 22; Report) entered by the Honorable Joel B. Toomey, United States
Magistrate Judge, on October 25, 2022. In the Report, Judge Toomey
recommends that the Joint Motion to Approve FLSA Settlement Agreement and
Release and for Dismissal With Prejudice (Dkt. No. 21; Motion) be granted, the
parties’ FLSA Settlement Agreement and Release (Dkt. No. 21-1; Agreement)
be approved, and this case be dismissed with prejudice. See Report at 1, 7.
Neither party has filed objections to the Report, and the time for doing so has
passed.
The Court “may accept, reject, or modify, in whole or in part, the findings
or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b).
Pursuant to Rule 72, Federal Rules of Civil Procedure (Rule(s)), the Court “must
determine de novo any part of the magistrate judge’s disposition that has been
properly objected to.” See Rule 72(b)(3); see also 28 U.S.C. § 636(b)(1).
However, a party waives the right to challenge on appeal any unobjected-to
factual and legal conclusions. See 11th Cir. R. 3-1.1 As such, the Court
reviews those portions of the Magistrate Judge’s findings to which no objection
was filed for plain error and only if necessary, in the interests of justice. See
id.; see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not appear that
Congress intended to require district court review of a magistrate [judge’s]
factual or legal conclusions, under a de novo or any other standard, when
neither party objects to those findings.”); Dupree v. Warden, 715 F.3d 1295,
1304-05 (11th Cir. 2013) (recommending the adoption of what would become
11th Circuit Rule 3-1 so that district courts do not have “to spend significant
amounts of time and resources reviewing every issue—whether objected to or
not.”).
1 The Magistrate Judge properly informed the parties of the time period for objecting
and the consequences of failing to do so. See Report at 8.
Upon review of the record, including the Report, Motion, and Agreement,
the undersigned concludes that the settlement represents a “reasonable and
fair” resolution of Plaintiff's claims. Accordingly, the Court will accept and
adopt the Report.
In light of the foregoing, it is hereby
ORDERED:
1. The Report and Recommendation (Dkt. No. 22) is ADOPTED as
the opinion of the Court.
2. The Joint Motion to Approve FLSA Settlement Agreement and
Release and for Dismissal With Prejudice (Dkt. No. 21) is
GRANTED.
3. The FLSA Settlement Agreement and Release (Dkt. No. 21-1) is
APPROVED.
4, This case is DISMISSED with prejudice.
5. The Clerk of Court is directed to terminate any pending motions
and close the file.
DONE AND ORDERED in Jacksonville, Florida this 14th day of
November, 2022.
United States District Judge
ja
Copies to:
Counsel of Record