Electrostim Medical Services, Inc. v. Lindsey et al

Filing 84

ORDER: The Report and Recommendation of Thomas B. McCoun III, United States Magistrate Judge 76 is ACCEPTED AND ADOPTED. Plaintiff's Motion for Preliminary Injunction 18 is GRANTED consistent with the terms prescribed in the Report and Recommendation. Signed by Judge Virginia M. Hernandez Covington on 4/23/2012. (MEB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ELECTROSTIM
INC.,

MEDICAL

SERVICES,

Plaintiff,
v.

Case No. 8:11-cv-2467-T-33TBM

DAWN LINDSEY and ZYNEX MEDICAL,
INC.,
Defendants.
______________________________/
ORDER
This cause comes before the Court pursuant to the March
13, 2012, report and recommendation of Thomas B. McCoun III,
United States Magistrate Judge (Doc. # 76), in which Judge
McCoun recommends that Plaintiff’s Motion for Preliminary
Injunction (Doc. # 18) be granted.

Judge McCoun conducted a

hearing on the motion on February 9, 2012. (Doc. # 57).
Defendant

filed

timely

objections

to

the

Report

Each
and

Recommendation on April 10, 2012. (Doc. ## 81, 82). Plaintiff
filed a response in opposition to Defendants’ objections on
April 19, 2012. (Doc. # 83).
After careful consideration and being fully advised in
the premises, the Court adopts the Report and Recommendation
of the Magistrate Judge and overrules the filed objections.

Discussion
A

district

judge

may

accept,

reject

or

magistrate judge’s report and recommendation.
636(b)(1);

modify

the

28 U.S.C. §

Williams v. Wainwright, 681 F.2d 732, 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).
Upon due consideration of the entire record, including
the

Report

and

Recommendation,

the

objections

and

the

response, the Court overrules the objections, adopts the
Report

and

Recommendation

Preliminary Injunction.

and

grants

the

Motion

for

The Court agrees with Judge McCoun’s

detailed and well-reasoned findings of fact and conclusions of
law.

As correctly pointed out by Plaintiff, Defendants

“largely

ignore[]

the

Magistrate’s
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careful

and

detailed

findings and, instead, repeat[] the same arguments . . .
previously made that were considered and rejected in the R&R.”
(Doc. # 83 at 2).

The Report and Recommendation thoughtfully

addresses the issues presented during the motion hearing, and
the objections do not provide a basis for rejecting the Report
and Recommendation.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation of Thomas B. McCoun III,
United States Magistrate Judge (Doc. # 76) is ACCEPTED
AND ADOPTED.

(2)

Plaintiff’s Motion for Preliminary Injunction (Doc. # 18)
is GRANTED consistent with the terms prescribed in the
Report and Recommendation.
DONE and ORDERED in Chambers in Tampa, Florida, this 23rd

day of April, 2012.

Copies: All Counsel of Record

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