Salon Adrian, Inc. v. CBL & Associates, Inc.

Filing 75

ORDER adopting 74 REPORT AND RECOMMENDATIONS re 72 MOTION to Strike Class Allegations filed by CBL & Associates Limited Partnership, JG Gulf Coast Town Center, LLC, CBL & Associates Management, Inc., CBL & ASSOCIATES PR OPERTIES, INC., 66 MOTION. The Report and Recommendation Issued by the Honorable Mac McCoy 74 is ACCEPTED and ADOPTED and its findings are incorporated herein. The Motion to Extend Class Certification Deadline 66 is GRANTED. Plaintiff sha ll have up to and including November 1, 2017, to file a motion for class certification. Defendants' Motion to Strike Plaintiff's Class Allegations 72 is DENIED as moot. Signed by Judge Sheri Polster Chappell on 12/21/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
WAVE LENGTH HAIR SALONS OF
FLORIDA, INC., on behalf of itself and
all others similarly situated
Plaintiff,
v.

Case No: 2:16-cv-206-FtM-38MRM

CBL & ASSOCIATES PROPERTIES,
INC., CBL & ASSOCIATES
MANAGEMENT, INC., CBL &
ASSOCIATES LIMITED
PARTNERSHIP and JG GULF
COAST TOWN CENTER, LLC,
Defendants.
/
ORDER1
This matter comes before the Court on the Report and Recommendation Issued
by the Honorable Mac McCoy (Doc. #74) filed on November 25, 2016. In his Report and
Recommendation, Judge McCoy recommends that Plaintiff’s Motion to Extend the Class
Certification Deadline (Doc. #66) filed on October 19, 2016, be granted and the
Defendants’ Motion to Strike the Motion for Class Certification (Doc. #72) filed on
November 7, 2016, be denied as moot. No objections were filed, and the time to do so
has now expired.

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A district judge "may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). If no specific
objections to findings of fact are filed, the district judge is not required to conduct a de
novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir.
1993). However, the district judge must review legal conclusions de novo, even in the
absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604
(11th Cir. 1994)
After careful consideration and an independent review of the file, the Court
accepts, adopts, and approves the Report and Recommendation.
Accordingly, it is now
ORDERED:
The Report and Recommendation Issued by the Honorable Mac McCoy (Doc. #74)
is ACCEPTED and ADOPTED and its findings are incorporated herein.
1. The Motion to Extend Class Certification Deadline (Doc. #66) is GRANTED.
Plaintiff shall have up to and including November 1, 2017, to file a motion for
class certification.
2. Defendants’ Motion to Strike Plaintiff’s Class Allegations (Doc. #72) is DENIED
as moot.
DONE and ORDERED in Fort Myers, Florida this 21st day of December, 2016.

Copies: All Parties of Record

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