Envision Insurance Company v. GrayRobinson, P.A. et al

Filing 123

ORDER adopting 114 REPORT AND RECOMMENDATIONS denying 77 80 MOTIONs to Strike 70 Amended Complaint. Signed by Judge Elizabeth A. Kovachevich on 10/4/2013. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

ENVISION INSURANCE CO.,
Plaintiff,

vs.

CASE NO. 8:13-CIV-114-T-EAK-EAJ

GRAYROBINSON, P.A., 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. Kovachevich on August 8, 2013 (Doc. 114). The magistrate
judge recommended that the motions to strike (Docs. 77 and 80) be denied.
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. Defendant Foley & Lardner, LLP filed objections to the report and recommendation
(Doc. 119) and the Plaintiff responded to the objections (Doc. 122).
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 and the Plaintiff’s response to the objections.

Accordingly, it is

ORDERED that the report and recommendation, August 8, 2013 (Doc. 114) be
adopted and incorporated by reference; and the motion to strike (Docs. 77 and 80) be
denied.
DONE and ORDERED in Chambers, in Tampa, Florida, this 4th day of October,
2013.

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

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