Opinion
Case No: 6:16-cv-1310-Orl-40TBS
01-17-2017
MICHAEL TODD COX, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY and SSA, Defendants.
REPORT AND RECOMMENDATION
This matter comes before the Court on Plaintiff's Uncontested Motion to Dismiss (Doc. 18). Defendant has filed an answer but has not brought a counterclaim against Plaintiff (Docket). Pursuant to M.D. FLA. R. 3.01(g), counsel for Plaintiff represents that Defendant's attorney has been contacted and has no objection to the dismissal. Plaintiff further represents that Defendant has agreed that each party "would be responsible for their own costs associated with this action." Accordingly, I respectfully recommend that the district judge
1. GRANT the motion;
2. DISMISS the case WITH PREJUDICE;
3. DIRECT that each party bear its own attorney's fees and costs; and
4. DIRECT the Clerk of Court to CLOSE the file.
Notice to Parties
A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1.
Since the motion is uncontested, I assume that neither party objects to the entry of an order adopting this report and recommendation in its entirety. If that is the case, counsel for the parties may file notices of no-objection which will reduce the workload of the district judge and expedite the process.
RECOMMENDED in Orlando, Florida on January 17, 2017.
/s/_________
THOMAS B. SMITH
United States Magistrate Judge Copies furnished to:
Presiding District Judge
Counsel of Record