Small v. Sears, Roebuck, and Co. et al.

Filing 35

ORDER adopting and incorporating by reference 31 REPORT AND RECOMMENDATIONS re 16 ; the motion for involuntary dismissal be granted as to all defendants 16 and the defendants shall be terminated from this cause. The motion for judgment on t he pleadings be denied 28 . The agreed motion to exercise supplemental jurisdiction 33 be granted and the Court will retain supplemental jurisdiction over the cross-claims. Therefore, this cause is now only Sears, Roebuck, and Co., Cross-Plaintiff v. Victory Land Group, Inc., Cross-Defendant. Signed by Judge Elizabeth A. Kovachevich on 10/15/2014. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

ROBERT SMALL,
Plaintiff,

vs.

CASE NO. 8:13-CIV-2722-T-17-AEP

SEARS, ROEBUCK, AND CO., etc.,
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 Anthony E. Porcelli on September 24, 2014 (Doc. 31); the agreed
motion to exercise supplemental jurisdiction (Doc. 33); and the Cross-Plaintiff’s
motion for judgment on the pleadings (Doc. 28) and response thereto (Doc. 32). The
magistrate judge recommended that the motion for involuntary dismissal (Doc. 16) be
granted as to all defendants and that the Court consider retaining supplemental
jurisdiction over the cross-claims. The Court has considered the motion for judgment
on the pleadings and finds the response persuasive.

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).
No objections have been filed.
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 (Doc. 35) be adopted and
incorporated by reference; the motion for involuntary dismissal be granted as to all
defendants (Doc. 16) and the defendants shall be terminated from this cause. The
motion for judgment on the pleadings be denied. The agreed motion to exercise

supplemental jurisdiction (Doc. 33) be granted and the Court will retain supplemental
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jurisdiction over the cross-claims. Therefore, this cause is now only Sears, Roebuck,
and Co., Cross-Plaintiff v. Victory Land Group, Inc., Cross-Defendant.

DONE and ORDERED in Chambers, in Tampa, Florida, this 15th day of
October, 2014.

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

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