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Kaplan v. 21st Century Oncology Holdings, Inc., 2:16-cv-210-FtM-99MRM (2016)

Court: District Court, M.D. Florida Number: infdco20160811b99 Visitors: 10
Filed: Aug. 10, 2016
Latest Update: Aug. 10, 2016
Summary: OPINION AND ORDER JOHN E. STEELE , Senior District Judge . This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation, filed July 21, 2016 in each of the above-captioned cases, recommending that the Motions to Consolidate be granted in part and denied in part and that the Motions for Appointment of Interim Class Counsel be denied as moot. No objections have been filed and the time to do so has expired. 1 After conducting a careful and complete re
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OPINION AND ORDER

This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation, filed July 21, 2016 in each of the above-captioned cases, recommending that the Motions to Consolidate be granted in part and denied in part and that the Motions for Appointment of Interim Class Counsel be denied as moot. No objections have been filed and the time to do so has expired.1

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); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations, 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F.Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994) (Table).

After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge.

Accordingly, it is now

ORDERED:

1. The Report and Recommendation is hereby adopted and the findings incorporated herein.

2. Plaintiffs' Motions to Consolidate are GRANTED in part and DENIED in part.

3. The Clerk is directed to consolidate the cases as set forth in the Report and Recommendation.

4. All other pending motions, including plaintiffs' Motions for Appointment of Interim Class Counsel, are denied as moot with leave to re-file in the consolidated case within fourteen days of this Opinion and Order.

DONE and ORDERED.

FootNotes


1. The Court notes that on July 29, 2016, a related case was transferred from the United States District Court for the Southern District of Florida. See Benzion v. 21st Century Oncology, LLC, Case No. 2:16-cv-00591-UA-MRM. The Agreed Motion to Consolidate and Stay Deadlines in Benzion, requesting the same relief recommended by the Magistrate Judge, will be addressed by separate Order.
Source:  Leagle

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