Obas v. Ritz-Carlton Hotel Company, LLC et al

Filing 43

ORDER adopting 41 REPORT AND RECOMMENDATIONS re 2 Complaint filed by Ronald Obas. The Report and Recommendation 41 is accepted and adopted and its findings incorporated herein. Defendant William Jeske is dismissed from this action without prejudice and the Clerk is directed to terminate Jeske as a party-defendant. Signed by Judge Sheri Polster Chappell on 8/9/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RONALD OBAS,
Plaintiff,
v.

Case No: 2:17-cv-150-FtM-99MRM

RITZ-CARLTON HOTEL COMPANY,
LLC and WILLIAM JESKE,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on review of United States Magistrate Judge
Mac R. McCoy’s Report and Recommendation (Doc. 41), recommending that this action
be dismissed without prejudice against Defendant William Jeske for Plaintiff’s failure to
timely serve Jeske pursuant to Fed. R. Civ. P. 4(m). 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). The district
judge “shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. And “[t]he judge

1

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may also receive further evidenced or recommit the matter to the magistrate judge with
instructions.” Id.
After conducting an independent examination of the file and upon due
consideration of the Report and Recommendation, the Court accepts the Report and
Recommendation. Defendant Jeske will be terminated from this case but the case will
proceed against the Ritz-Carlton Hotel Company, LLC.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 41) is accepted and adopted and its
findings incorporated herein.
(2) Defendant William Jeske is dismissed from this action without prejudice and
the Clerk is directed to terminate Jeske as a party-defendant.
DONE and ORDERED in Fort Myers, Florida this 8th day of August, 2017.

Copies: All Parties of Record

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