ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DEFENDANT'S MOTION TO DISMISS

FEDERICO A. MORENO, District Judge.

THE MATTER was referred to the Honorable Barry S. Seltzer, United States Magistrate Judge, for a Report and Recommendation on Defendant's Motion to Dismiss for Forum Non-Conveniens, filed on December 29, 2017. The Magistrate Judge filed a Report and Recommendation (D.E. 43) on March 23, 2018. The Court has reviewed the entire file and record. The Court has made a de novo review of the issues that the objections to the Magistrate Judge's Report and Recommendation present, and being otherwise fully advised in the premises, it is

ADJUDGED that United States Magistrate Judge Barry S. Seltzer's Report and Recommendation is AFFIRMED and ADOPTED. With respect to the presumption of deference afforded to the Plaintiff's choice of forum, however, this Court finds that it need not decide whether to apply a lower standard of deference under U.S.O. v. Mizuho Holding Co., 547 F.3d 749 (7th Cir. 2008) because Magistrate Judge Seltzer's report recognizes that "even if such a presumption [i.e. higher deference to American Plaintiffs] were to be granted, the Court must still consider the private and public factors that ultimately determine the propriety of Plaintiffs' chosen forum." (D.E. 43 at 9). As such, even if the court affords the American corporations a higher standard of deference as set forth in SME Racks Inc. v. Sistemas Mecanicos Para Electronica, S.A., 382 F.3d 1097 (11th Cir. 2004), the private and public interest factors, as thoroughly analyzed by Judge Seltzer, still favor dismissal to Australia. Accordingly, it is

ADJUDGED that Defendant's Motion to Dismiss for Forum Non-Conveniens is GRANTED, and the case is DISMISSED conditioned upon the following:

DONE AND ORDERED.