Jones v. AT&T Umbrella Benefit Program No. 1 et al
ORDER adopting 62 Report and Recommendation; granting 58 Defendants' Motion for Summary Judgment; granting 60 Defendants' Motion to Deem Unopposed Defendants' Motion for Summary Judgment. The Clerk of the Court is directed to enter judgment and close the file. Signed by Judge Marcia Morales Howard on 2/7/2018. (JW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Case No. 3:15-cv-821-J-34JRK
AT&T UMBRELLA BENEFIT PLAN
NO. 1 and SEDGWICK CLAIMS
MANAGEMENT SERVICES, INC.,
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No.
62; Report), entered by the Honorable James R. Klindt, United States Magistrate Judge,
on January 10, 2018. In the Report, Judge Klindt recommends that Defendants’ Motion
for Summary Judgment, Statement of Undisputed Facts and Incorporated Memorandum
of Law (Dkt. No. 58) be granted, that Defendants’ Motion to Deem Unopposed
Defendants’ Motion for Summary Judgment (Dkt. No. 60) be granted, and that the Clerk
be directed to enter judgment in favor of Defendants. See Report at 23. Plaintiff has
failed to file objections to the Report, and the time for doing so has now passed.
The Court “may accept, reject, or modify, in whole or in part, the finding or
recommendations by the magistrate judge.” 28 U.S.C. § 636(b). If no specific objections
to findings of facts are filed, the district court 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); see
also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de
novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);
United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at *1 (M.D. Fla.
May 14, 2007).
Upon independent review of the file and for the reasons stated in the Magistrate
Judge’s Report, the Court will accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby
1. The Magistrate Judge’s Report and Recommendation (Dkt. No. 62) is
ADOPTED as the opinion of the Court.
2. Defendants’ Motion for Summary Judgment, Statement of Undisputed Facts
and Incorporated Memorandum of Law (Dkt. No. 58) is GRANTED.
3. Defendants’ Motion to Deem Unopposed Defendants’ Motion for Summary
Judgment (Dkt. No. 60) is GRANTED.
4. The Clerk of Court is directed to enter judgment in favor of Defendants,
terminate all pending motions and deadlines as moot, and close the file.
DONE AND ORDERED in Jacksonville, Florida, this 7th day of February, 2018.
Counsel of Record
Pro Se Party
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