Rothschild v. Pfizer Corporation et al

Filing 20

ORDERED: Judge Dudek's Report and Recommendation (Doc. 19) is ACCEPTED and ADOPTED, and the findings incorporated herein. This action is DISMISSED. The Clerk is DIRECTED to any pending motions as moot, terminate all deadlines, and close the case. Signed by Judge Sheri Polster Chappell on 8/30/2024. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MAYER AMSCHEL
ROTHSCHILD, and to all others
similarly situated class action,
Plaintiff,
v.

Case No.: 2:24-cv-301-SPC-KCD

PFIZER CORPORATION, PFIZER
CORPORATION AND
PHARMACIA & UPJOHN
COMPANY INC. PFIZER INC. and
PHARMACIA & UPJOHN
COMPANY INC., AND VIATRIS
INC.,
Defendants.

/
OPINION AND ORDER

Before the Court is Judge Kyle C. Dudek’s Report and Recommendation
(“R & R”). (Doc. 19). Judge Dudek recommends that this action be dismissed.
Plaintiff has not objected to the R & R, and the time to do so has expired. The
R & R 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,” a magistrate judge’s R & R. 28 U.S.C. § 636(b)(1)(C). In the absence
of specific objections, there is no requirement that a district judge review the

R & R 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 F. App’x 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.

So, it accepts and adopts the R & R in full.

Accordingly, it is now ORDERED:
1. Judge Dudek’s Report and Recommendation (Doc. 19) is ACCEPTED
and ADOPTED, and the findings incorporated herein.
2. This action is DISMISSED.
3. The Clerk is DIRECTED to any pending motions as moot, terminate
all deadlines, and close the case.
DONE and ORDERED in Fort Myers, Florida on August 30, 2024.

Copies: All Parties of Record

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