Bolivar et al v. Global Diagnostic Labs LLC

Filing 44

ORDER adopting 43 REPORT AND RECOMMENDATIONS re 21 MOTION to Stay and MOTION to Compel Arbitration as to Plaintiffs, Maria Jose Suarez Bolivar and Maria Vanessa Suarez Bolivar filed by Global Diagnostic Labs LLC. Signed by Judge Thomas P. Barber on 11/13/2023. (SRC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MARIE JOSE SUAREZ BOLIVAR,
EDNA PATRICIA AGUIRRE and
MARIA VANESSA SUAREZ BOLIVAR,
Plaintiffs,
v.

Case No. 8:23-cv-1130-TPB-JSS

GLOBAL DIAGNOSTIC LABS LLC,
Defendant.
________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on consideration of the report and
recommendation of Julie S. Sneed, United States Magistrate Judge, entered on
October 26, 2023. (Doc. 43). Judge Sneed recommends that Defendant’s Motion to
Stay and Compel Arbitration as to Plaintiffs Marie Jose Suarez Bolivar and Maria
Vanessa Suarez Bolivar (Doc. 21) be granted in part. No party has filed an
objection, and the time to object has expired.
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); Camby v. Davis, 718 F.2d
198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). A
district court must “make a de novo determination of those portions of the [report
and recommendation] to which an objection is made.” 28 U.S.C. § 636(b)(1)(C).
Page 1 of 2

When no objection is filed, a court reviews the report and recommendation for clear
error. Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006); Nettles v.
Wainwright, 677 F.2d 404, 409 (5th Cir. 1982).
Upon due consideration of the record, including Judge Sneed’s report and
recommendation, the Court adopts the report and recommendation. Consequently,
Defendant’s motion to stay and compel arbitration is granted in part.
Accordingly, it is ORDERED, ADJUDGED, and DECREED:
(1)

Judge Sneed’s report and recommendation (Doc. 43) is AFFIRMED and
ADOPTED and INCORPORATED BY REFERENCE into this Order for
all purposes, including appellate review.

(2)

Defendant’s Motion to Stay and Compel Arbitration as to Plaintiffs Marie
Jose Suarez Bolivar and Maria Vanessa Suarez Bolivar (Doc. 21) is
GRANTED to the extent that Defendant may enforce the arbitration
provisions of the Employment Agreements, with the exception of those
provisions to be severed from the agreements as discussed in Judge Sneed’s
report and recommendation (Doc. 43).

Page 2 of 3

(3)

This matter is stayed as to Plaintiffs Marie Jose Suarez Bolivar and Maria
Vanessa Suarez Bolivar pending the completion of arbitration proceedings,
and the parties are directed to notify the court within 14 days of the
resolution of arbitration proceedings.
DONE and ORDERED in Chambers, in Tampa, Florida, this 13th day of

November, 2023.

TOM BARBER
UNITED STATES DISTRICT JUDGE

Page 3 of 3