Wright et al v. Dyck-O'Neal, Inc. et al

Filing 69

ORDER adopting 67 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Thomas Patterson, Dorothy Willis, Shawn Fisher, Chris A. Wiglesworth, James R. Marshall, Angela McDougall, Molly Wright, Trisha Bremer, Michael Piasecki, Kimberly Fisher. The Report and Recommendation 67 is ACCEPTED and ADOPTED and the findings incorporated herein. Plaintiff James Marshall is dismissed from this action. Signed by Judge Sheri Polster Chappell on 7/1/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MOLLY WRIGHT, TRISHA BREMER,
SHAWN FISHER, KIMBERLY FISHER,
JAMES R. MARSHALL, ANGELA
MCDOUGALL, THOMAS PATTERSON,
MICHAEL PIASECKI, CHRIS A.
WIGLESWORTH and DOROTHY
WILLIS, on behalf of themselves and all
others similarly situated
Plaintiffs,
v.

Case No: 2:15-cv-249-FtM-38MRM

DYCK-O’NEAL, INC. and LAW
OFFICES OF DANIEL C.
CONSUEGRA, P.L.,
Defendants.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy's Report and Recommendation (Doc. #67) filed on June 15, 2016. Judge McCoy
recommends that Plaintiff James Marshall, now deceased, be dismissed from this action
for failure to file a motion for substitution of party pursuant to Fed. R. Civ. P. 25 and for
failure to file a response to the Order to Show Cause. No party has filed objections to the
Report and Recommendation, and the time to do so has expired. Thus, the Report and
Recommendation is ripe for review.

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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. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright,
681 F.2d 732 (11th Cir. 1982).

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 CooperHouston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After independently examining the file and upon considering Judge McCoy's
findings and recommendations, the Court accepts the Report and Recommendation (Doc.
#67).
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. #67) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) Plaintiff James Marshall is dismissed from this action.
DONE and ORDERED in Fort Myers, Florida this 1st day of July, 2016.

Copies: All Parties of Record

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