O'Hara et al v. Licciardello's Sanitation Services, Inc. et al

Filing 28

ORDER adopting 27 Report and Recommendation; denying 9 Defendant Aaron Licciardello's Motion to Dismiss. Answer due September 20, 2016. Signed by Judge Marcia Morales Howard on 8/18/2016. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
ED O’HARA, and others
similarly situated, et al.,
Plaintiffs,
v.

Case No. 5:16-cv-272-Oc-34PRL

LICCIARDELLO’S SANITATION
SERVICES, INC., et al.,
Defendants.

_____________________________________/
ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 27;
Report), entered by the Honorable Philip R. Lammens, United States Magistrate Judge, on
July 22, 2016. In the Report, Magistrate Judge Lammens recommends that Defendant
Aaron Licciardello’s Motion to Dismiss (Dkt. No. 9) be denied. See Report at 1, 4. 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. 27) of Magistrate Judge Lammens

is ADOPTED as the opinion of the Court.
2.

Defendant Aaron Licciardello’s Motion to Dismiss (Dkt. No. 9) is DENIED.

3.

Defendant shall file an answer to the Complaint no later than September 20,

2016.
DONE and ORDERED in Chambers, this 18th day of August, 2016.

ja
Copies to:
Counsel of Record

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