Palma et al v. Metro PCS Wireless, Inc.
ORDER: The Report and Recommendation of the Honorable Mark A. Pizzo 100 is ACCEPTED and ADOPTED. Plaintiffs' Motion for Preliminary Injunction and/or Protective Order 57 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 9/13/2013. (KAK)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
KAREN PALMA and HALLIE SELGERT,
Case No. 8:13-cv-698-T-33MAP
METROPCS WIRELESS, INC.,
This matter is before the Court on consideration of
the Report and Recommendation of United States Magistrate
Judge Mark A. Pizzo (Doc. # 100), filed on August 9, 2013,
in which Judge Pizzo recommends that Plaintiffs’ Motion for
Preliminary Injunction and/or Protective Order (Doc. # 57)
be denied. Plaintiffs filed an objection to the Report and
September 6, 2013 (Doc. # 107).
After careful consideration and being fully advised in
Recommendation of the Magistrate Judge and overrules 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
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.
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
thereto, the Court overrules the objection and adopts the
Magistrate Judge’s finding that Plaintiffs failed to meet
In addition, Plaintiffs failed to demonstrate
that the entry of a protective order was required.
The Report and Recommendation thoughtfully addresses
the issues presented, and Plaintiffs’ arguments raised in
the objection do not provide a basis for rejecting the
Report and Recommendation.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
The Report and Recommendation of the Honorable Mark A.
Pizzo (Doc. # 100) is ACCEPTED and ADOPTED.
Plaintiffs’ Motion for Preliminary Injunction and/or
Protective Order (Doc. # 57) is DENIED.
DONE and ORDERED in Chambers in Tampa, Florida, this
13th day of September, 2013.
Copies: All Counsel of Record
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?