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

Filing 61

ORDER adopting 59 REPORT AND RECOMMENDATIONS re 52 MOTION to Dismiss Defendant Cheryl Wayson as a Defendant in this action filed by Secretary of Labor, United States Department of Labor. The Clerk is DIRECTED to TERMINATE Cheryl Wayson as a party. Signed by Judge Roy B. Dalton, Jr. on 6/8/2018. (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; GENERAL
PROJECTION SYSTEMS, INC. 401(K)
PLAN; and GENERAL PROJECTION
SYSTEMS, INC GROUP HEALTH
PLAN,
Defendants.
_____________________________________
ORDER
In this action, Plaintiff sues Defendants for violations of the Employee Retirement
Income Security Act. (Doc. 1.) On April 9, 2018, Plaintiff moved to dismiss Defendant
Cheryl Wayson (“Wayson”). (Doc. 52 (“Motion”).) On referral, U.S. Magistrate Judge
Karla R. Spaulding concludes that Plaintiff’s requested relief is most appropriately
characterized as a request to dismiss under Federal Rule of Civil Procedure 41(a)(2).
(Doc. 59 (“R&R”).) And because Wayson did not respond to the Motion, Magistrate
Judge Spaulding recommends that the Court grant it and dismiss Plaintiff’s claims
against Wayson without prejudice. (Id. at 2.)
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
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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 no clear error, 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. 59) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

Plaintiff’s Motion to Dismiss (Doc. 52) is GRANTED.

3.

Plaintiff’s claims (Doc. 1) against Defendant Cheryl Wayson are
DISMISSED WITHOUT PREJUDICE.

4.

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

DONE AND ORDERED in Chambers in Orlando, Florida, on June 8, 2018.

Copies to:
Counsel of Record
Pro se party

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