Perez v. Country Mutual Insurance Company

Filing 40

ORDER adopting 39 Report and Recommendation; denying 33 Defendant's Motion to Exclude Certain Expert Testimony of Mr. Gulati. Signed by Judge Marcia Morales Howard on 6/9/2016. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
DIANA PEREZ,
Plaintiff,
v.

Case No. 5:14-cv-379-Oc-34PRL

COUNTRY MUTUAL INSURANCE
COMPANY, f/k/a Cotton States Mutual
Insurance Company,
Defendant.

_____________________________________/
ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 39;
Report), entered by the Honorable Philip R. Lammens, United States Magistrate Judge, on
May 4, 2016. In the Report, Magistrate Judge Lammens recommends that Defendant’s
Motion to Exclude Certain Expert Testimony of Mr. Gulati (Dkt. No. 33) be denied. The
parties have 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 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. 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.

The Report and Recommendation (Dkt. No. 39) of Magistrate Judge Lammens

is ADOPTED as the opinion of the Court.
2.

Defendant’s Motion to Exclude Certain Expert Testimony of Mr. Gulati (Dkt.

No. 33) is DENIED.
DONE and ORDERED in Chambers, this 9th day of June, 2016.

ja
Copies to:
Counsel of Record

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