Allstate Insurance Company et al v. Vizcay et al

Filing 580

ORDER adopting 579 REPORT AND RECOMMENDATIONS and denying 576 MOTION to stay discovery pursuant to F.R.A.P. Rule 8 filed by P.V.C. Medical Center, Inc., Florida Rehabilitation Practice, Inc., Best Care Medical Center, Inc. Signed by Judge Elizabeth A. Kovachevich on 3/24/2015. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ALLSTATE INSURANCE COMPANY,
et al.,
Plaintiffs,

vs.

CASE NO. 8:11-CIV-804-T-EAK-EAJ

SARA C. VIZCAY, et al.,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on the report and recommendation (R&R) issued by
Magistrate Judge Elizabeth A. Jenkins on March 6, 2015 (Docket No. 579). The magistrate
judge recommended that the Court deny the motion for stay of order entering final judgment
and post-judgment discovery (Docket No. 577).
Pursuant to Rule 6.02, Rules of the United States District Court for the Middle District
of Florida, the parties had fourteen (14) days after service to file written objections to the
proposed findings and recommendations, or be barred from attacking the factual findings on
appeal. No timely objections to the report and recommendation were filed.
STANDARD OF REVIEW
When a party makes a timely and specific objection to a finding of fact in the report
and recommendation, the district court should make a de novo review of the record with
respect to that factual issue. 28 U.S.C. ' 636(b)(1); U.S. v. Raddatz, 447 U.S. 667 (1980);
Jeffrey S. v. State Board of Education of State of Georgia, 896 F.2d 507 (11th Cir. 1990).
However, when no timely and specific objections are filed, case law indicates that the court
should review the findings using a clearly erroneous standard. Gropp v. United Airlines,

Inc., 817 F.Supp. 1558, 1562 (M.D. Fla. 1993).
The Court has reviewed the report and recommendation and made an independent
review of the record. Upon due consideration, the Court concurs with the report and
recommendation. Accordingly, it is
ORDERED that the report and recommendation be adopted and incorporated by
reference and the motion for stay of order entering final judgment and post-judgment
discovery (Docket No. 577) be denied.
DONE and ORDERED in Chambers, in Tampa, Florida, this 24th day of March,
2015.

Copies to:
All parties and counsel of record
Assigned Magistrate Judge