Balan v. Vestcor Fund XXII, LTD et al

Filing 43

ORDER adopting 40 Report and Recommendation; denying 31 Defendants' Motion for Judgment on the Pleadings. Signed by Judge Marcia Morales Howard on 11/18/2020. (JW)

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Case 3:19-cv-00351-MMH-JBT Document 43 Filed 11/18/20 Page 1 of 2 PageID 642     UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION VENESSA BALAN, Plaintiff, v. Case No. 3:19-cv-351-J-34JBT VESTCOR FUND XXII, LTD., et al., Defendants. _____________________________ ORDER THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 40; Report) entered by the Honorable Joel B. Toomey, United States Magistrate Judge, on November 2, 2020. In the Report, Judge Toomey recommends that Defendants’ Motion for Judgment on the Pleadings (Dkt. No. 31; Motion) be denied. See Report at 1, 9. 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 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. S. 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). Case 3:19-cv-00351-MMH-JBT Document 43 Filed 11/18/20 Page 2 of 2 PageID 643     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. The Report and Recommendation (Dkt. No. 40) is ADOPTED as the opinion of the Court. 2. Defendants’ Motion for Judgment on the Pleadings (Dkt. No. 31) is DENIED. DONE AND ORDERED at Jacksonville, Florida, this 18th day of November, 2020. ja Copies to: Counsel of Record 2   

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