Filed: Jul. 01, 2016
Latest Update: Jul. 01, 2016
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on consideration of United States Magistrate Judge Mac. R. McCoy's Report and Recommendation (Doc. #67) filed on June 16, 2016. Judge McCoy recommends denying Defendant's Motion to Strike Plaintiff's Class Action Allegations (Doc. #52); granting Defendant's Motion to Strike Notices of Consent to Joinder (Doc. #52); striking the Notices of Consent to Join (Docs. #33, 34, 36, 37, 38, 39, 40, 41, 44, 45, 46,
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on consideration of United States Magistrate Judge Mac. R. McCoy's Report and Recommendation (Doc. #67) filed on June 16, 2016. Judge McCoy recommends denying Defendant's Motion to Strike Plaintiff's Class Action Allegations (Doc. #52); granting Defendant's Motion to Strike Notices of Consent to Joinder (Doc. #52); striking the Notices of Consent to Join (Docs. #33, 34, 36, 37, 38, 39, 40, 41, 44, 45, 46, ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on consideration of United States Magistrate Judge Mac. R. McCoy's Report and Recommendation (Doc. #67) filed on June 16, 2016. Judge McCoy recommends denying Defendant's Motion to Strike Plaintiff's Class Action Allegations (Doc. #52); granting Defendant's Motion to Strike Notices of Consent to Joinder (Doc. #52); striking the Notices of Consent to Join (Docs. #33, 34, 36, 37, 38, 39, 40, 41, 44, 45, 46, 47, and 49); granting Plaintiff's Motion to Excuse Missed Deadline (Doc. #63); and accepting Plaintiff's Motion for Conditional Class Certification and to Permit Notification Be Sent to Putative Class Members (Doc. #54) as timely filed. No objections were filed, and the time to do so has now expired.
A district judge "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)(1). If no specific objections to findings of fact are filed, the district judge is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). However, the district judge must review legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994)
After careful consideration of the Report and Recommendation and an independent review of the file, the Court adopts, accepts, and approves the Report and Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #67) is ACCEPTED and ADOPTED and the findings are incorporated herein.
2. Defendant's Motion to Strike Plaintiff's Class Action Allegations (Doc. #52) is DENIED.
3. Defendant's Motion to Strike Notices of Consent to Joinder (Doc. #52) is GRANTED.
4. The Clerk shall STRIKE the Notices of Consent to Join (Docs. #33, 34, 36, 37, 38, 39, 40, 41, 44, 45, 46, 47, and 49).
5. Plaintiff's Motion to Excuse Missed Deadline (Doc. #63) is GRANTED.
6. Plaintiff's Motion for Conditional Class Certification and to Permit Notification Be Sent to Putative Class Members (Doc. #54) is accepted as timely filed.
DONE and ORDERED.
FootNotes
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