Cortes et al v. Zimmer, Inc. et al

Filing 26

ORDER adopting 25 Report and Recommendation. This case is DISMISSED without prejudice. Signed by Judge Marcia Morales Howard on 5/26/2016. (MHM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
BETTINA CORTES and
PEDRO CORTES,
Plaintiffs,
vs.

Case No. 3:15-cv-1012-J-34JRK

ZIMMER, INC., ZIMMER HOLDINGS,
INC., and ZIMMER ORTHOPAEDIC
SURGICAL PRODUCTS, INC.
Defendants.

_____________________________________/

ORDER
THIS CAUSE is before the Court on Magistrate Judge James R. Klindt’s Report and
Recommendation (Dkt. No. 25; Report), entered on April 26, 2016, recommending that this
case be dismissed without prejudice for failure to prosecute pursuant to Rule 3.10(a), Local
Rules, Middle District of Florida. To date, no objections to the Report have been filed, and
the time for doing so has passed.
The Court “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). If no specific
objections to findings of fact 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 ORDERED:
1.

Magistrate Judge James R. Klindt’s Report and Recommendation (Dkt. No.
25) is ADOPTED.

2.

This case is DISMISSED without prejudice.

DONE AND ORDERED at Jacksonville, Florida, this 26th day of May, 2016.

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Copies to:
The Honorable James R. Klindt
United States Magistrate Judge
Counsel of Record
Pro Se Parties

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