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Morales v. Trademark Douglas, LLC

United States District Court, Middle District of Florida
Jan 19, 2024
2:23-cv-390-SPC-KCD (M.D. Fla. Jan. 19, 2024)

Opinion

2:23-cv-390-SPC-KCD

01-19-2024

GERARDO MORALES, and other similarly situated individuals, Plaintiff, v. TRADEMARK DOUGLAS, LLC, STORM ROOFING AND CONSTRUCTION LLC and ELLIS C. WESTBY, Defendants.


OPINION AND ORDER

SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE

Before the Court is the Parties' Joint Motion for Settlement Approval (Doc. 50) and United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. 51). Judge Dudek recommends granting the motion and dismissing the action as to Defendant Trademark Douglas, LLC. No party objected, so the matter is ripe for review.

After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” the magistrate judge's Report and Recommendation. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the Report and Recommendation de novo. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don't object, a district court need only correct plain error as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 Fed.Appx. 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F.3d 1322, 1329 (11th Cir. 1999).

After careful consideration and an independent review of the case, the Court finds no plain error. It accepts and adopts the Report and Recommendation in full.

Accordingly, it is now

ORDERED:

1. United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. 51) is ACCEPTED and ADOPTED, and the findings incorporated herein.
2. The Joint Motion for Settlement Approval (Doc. 50) is GRANTED, and this action is DISMISSED with prejudice as to Defendant Trademark Douglas, LLC only.

DONE and ORDERED.


Summaries of

Morales v. Trademark Douglas, LLC

United States District Court, Middle District of Florida
Jan 19, 2024
2:23-cv-390-SPC-KCD (M.D. Fla. Jan. 19, 2024)
Case details for

Morales v. Trademark Douglas, LLC

Case Details

Full title:GERARDO MORALES, and other similarly situated individuals, Plaintiff, v…

Court:United States District Court, Middle District of Florida

Date published: Jan 19, 2024

Citations

2:23-cv-390-SPC-KCD (M.D. Fla. Jan. 19, 2024)