Mehta v. New York Life Insurance Company et al

Filing 29

ORDER adopting 26 REPORT AND RECOMMENDATION and denying 8 Motion for Leave of Court to Amend Complaint, Motion to Remand and Motion for Attorneys Fees and Costs filed by Rupa Mehta. Signed by Judge Virginia M. Hernandez Covington on 7/28/2009. (CR)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION RUPA MEHTA, Plaintiff,

v.

Case No. 8:09-cv-59-T-33TGW

NEW YORK LIFE INSURANCE COMPANY, et al., Defendants. ______________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Thomas G. Wilson's Report and Recommendation (Doc. # 26), issued on June 30, 2009, which recommends that Plaintiff's Motion for Leave of Court to Amend Complaint, Motion to Remand and Motion for Attorney's Fees and Costs(Doc. # 8) be denied. As of this date, there are no objections to the report and recommendation, and the time for the parties to file such objections has elapsed. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and

recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112

(1983).

In the absence of specific objections, there is no

requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. §

636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994) (Table). After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the magistrate judge and the recommendation of the magistrate judge regarding the motions. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: 1. United States Magistrate Thomas G. Wilson's Report and Recommendation (Doc. # 26) is ACCEPTED and ADOPTED.

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2.

Plaintiff's Motion for Leave of Court to Amend Complaint, Motion to Remand and Motion for Attorney's Fees and Costs(Doc. # 8) are DENIED. DONE and ORDERED in Tampa, Florida, this 28th day of

July, 2009.

Copies to: All Counsel of Record

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