Jerue v. Drummond Company, Inc.

Filing 243

ORDER: The report and recommendation (Doc. 229) is affirmed and adopted and incorporated by reference into this Order for all purposes, including appellate review. "Plaintiff's Motion for Class Certification" (Doc. 142) is her eby denied. "Defendant's Motion to Exclude the Opinions of Plaintiff's Expert Jeffrey E. Zabel" (Doc. 170) is granted. The parties are directed to file a joint case management report on or before October 18, 2023. This case will be set for a case management conference on October 25, 2023, to discuss the status of the case and the proposed deadlines. See Order for details. Signed by Judge Thomas P. Barber on 10/10/2023. (ANL)

Case 8:17-cv-00587-TPB-AEP Document 243 Filed 10/10/23 Page 1 of 3 PageID 22904

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JOHN J. JERUE (Dismissed) and
MICHAEL J. FEIST,
Plaintiffs,
v.

Case No. 8:17-cv-587-TPB-AEP

DRUMMOND COMPANY, INC.,
Defendant.
________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on consideration of the report and
recommendation of Anthony E. Porcelli, United States Magistrate Judge, entered
on August 25, 2023.

(Doc. 229). Judge Porcelli recommends that “Plaintiff’s

Motion for Class Certification” (Doc. 142) be denied and “Defendant’s Motion to
Exclude the Opinions of Plaintiff’s Expert Jeffrey E. Zabel” (Doc. 170) be granted.
The parties filed objections (Docs. 236; 237), and Defendant filed a response to
Plaintiff’s objection (Doc. 242). 1
After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify the magistrate
judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright,
681 F.2d 732 (11th Cir. 1982). In the absence of specific objections, there is no
The Court notes that Defendant filed a partial objection that urges the Court to
ultimately adopt the report and recommendation but quibbles with some of Judge Porcelli’s
findings.
1

Case 8:17-cv-00587-TPB-AEP Document 243 Filed 10/10/23 Page 2 of 3 PageID 22905

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) (table).
Upon due consideration of the record, including Judge Porcelli’s report and
recommendation, the Court adopts the report and recommendation in its entirety.
The Court agrees with Judge Porcelli’s well-reasoned factual findings and
conclusions, and the objections do not provide any basis for overruling the report
and recommendation. Consequently, “Plaintiff’s Motion for Class Certification”
(Doc. 142) is denied, and “Defendant’s Motion to Exclude the Opinions of Plaintiff’s
Expert Jeffrey E. Zabel” (Doc. 170) is granted.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

The report and recommendation (Doc. 229) is AFFIRMED and ADOPTED
and INCORPORATED BY REFERENCE into this Order for all purposes,
including appellate review.

(2)

“Plaintiff’s Motion for Class Certification” (Doc. 142) is hereby DENIED.

(3)

“Defendant’s Motion to Exclude the Opinions of Plaintiff’s Expert Jeffrey E.
Zabel” (Doc. 170) is GRANTED.

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Case 8:17-cv-00587-TPB-AEP Document 243 Filed 10/10/23 Page 3 of 3 PageID 22906

(4)

The parties are directed to file a joint case management report on or before
October 18, 2023. This case will be set for a case management conference on
October 25, 2023, to discuss the status of the case and the proposed
deadlines.
DONE and ORDERED in Chambers, in Tampa, Florida, this 10th day of

October, 2023.

TOM BARBER
UNITED STATES DISTRICT JUDGE

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