Secretary of Labor, United States Department of Labor v. General Projection Systems, Inc. et al

Filing 54

ORDER adopting 48 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Secretary of Labor, United States Department of Labor. The Clerk is DIRECTED to TERMINATE Drake Wayson as a party. Signed by Judge Roy B. Dalton, Jr. on 4/11/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
SECRETARY OF LABOR, UNITED
STATES DEPARTMENT OF LABOR,
Plaintiff,
v.

Case No. 6:17-cv-855-Orl-37KRS

GENERAL PROJECTION SYSTEMS,
INC.; CHERYL WAYSON; DRAKE
WAYSON; GENERAL PROJECTION
SYSTEMS, INC. 401(K) PLAN; and
GENERAL PROJECTION SYSTEMS,
INC. GROUP HEALTH PLAN,
Defendants.
_____________________________________
ORDER
Plaintiff initiated this action under the Employee Retirement Income Security Act
against Defendants, including Drake Wayson (“Mr. Wayson”). (Doc. 1.) Plaintiff then
filed proofs of service for each Defendant. (Docs. 35, 36, 37, 39.) On review, however,
Plaintiff filed a proof of service with a summons issued to the “Estate of Drake Wayson”
(“Estate”), instead of “Mr. Wayson.” (Doc. 39.) Thereafter, U.S. Magistrate Judge Karla R.
Spaulding ordered Plaintiff to show cause why the claims against Mr. Wayson should
not be dismissed for failure to timely effect service on him under Federal Rule of Civil
Procedure 4(m) and for failure to timely move to substitute the Estate as a party under
Rule 25. (Doc. 45.) In response, Plaintiff represented that it did not object to the dismissal
of the claims against Mr. Wayson. (Doc. 47.) Based on this representation, Magistrate
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Judge Spaulding issued a Report recommending that the Court dismiss these claims
without prejudice. (Doc. 48 (“R&R”).)
No party objected to the R&R, and the time for doing so has now passed. Absent
objections, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo
Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see
also Marcort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the Court
concludes that the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Karla R. Spaulding’s Report and Recommendation
(Doc. 48) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

Plaintiff’s claims against Drake Wayson (Doc. 1, ¶¶ 45–57) are DISMISSED
WITHOUT PREJUDICE.

3.

The Clerk is DIRECTED to TERMINATE Drake Wayson as a party.

DONE AND ORDERED in Chambers in Orlando, Florida, on April 11, 2018.

Copies to:
Counsel of Record
Pro se party

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