Opinion

Burkel v. Union County Board of County Commissioners

Court
District Court, M.D. Florida
Filed
Nov 14, 2022
Cited by
0 cases
Authority
More cited than 19.9%

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

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