Gitten et al v. The School Board of Lee County, Florida

Filing 49

ORDER adopting 48 REPORT AND RECOMMENDATIONS re 34 MOTION to Certify Class and incorporated memorandum of law filed by Gwynetta Gittens, Jerald Thompson, Preston Towns, Stephanie Lawrence. The Report and Recommendation 48 is ACCEPTED and ADOPTED and the findings incorporated herein. Plaintiffs' Motion to Certify a Class Action Pursuant to Rule 23(B)(1) and (3) 34 is DENIED Signed by Judge Sheri Polster Chappell on 7/24/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GWYNETTA GITTENS, JERALD
THOMPSON, STEPHANIE LAWRENCE
and PRESTON TOWNS, an individual
Plaintiffs,
v.

Case No: 2:16-cv-412-FtM-99MRM

THE SCHOOL BOARD OF LEE
COUNTY, FLORIDA,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court upon review of United States Magistrate Judge
Mac R. McCoy’s Report and Recommendation (Doc. 48) filed on July 7, 2017. Judge
McCoy recommends denying Plaintiffs’ Motion to Certify a Class Action Pursuant to Rule
23(B)(1) and (3) (Doc. 34). No objections have been filed and the time to do so has
expired.
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.

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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 of the Report and Recommendation and an
independent review of the file, the Court adopts, accepts, and approves the Report and
Recommendation.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 48) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) Plaintiffs’ Motion to Certify a Class Action Pursuant to Rule 23(B)(1) and (3)
(Doc. 34) is DENIED.
DONE and ORDERED in Fort Myers, Florida this 24th day of July, 2017.

Copies:
Hon. Mac R. McCoy
All Parties of Record

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