SMITH v. BI-LO HOLDINGS LLC

Filing 75

ORDER ACCEPTING AND ADOPTING 74 REPORT AND RECOMMENDATION; denying 67 MOTION to Dismiss Or, Alternatively, Motion to Stay. Signed by JUDGE MARK E WALKER on 11/17/2017. The Clerk is directed to set this matter for a telephonic status conference and issue a notice for trial. (kdm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
BRANDON RICARDO SMITH,
Plaintiff,
v.

Case No. 1:16cv2-MW/GRJ

WINN-DIXIE STORES, INC.,
Defendant.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation. ECF No. 74. Upon consideration, no objections having
been filed by the parties,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion. The Defendant’s motion to dismiss or stay this case, ECF No. 67, is
DENIED. Plaintiff is further ORDERED to make bi-weekly payments to the
Defendant in the amount of $50.00, beginning with Plaintiff’s first full pay period

1

following the entry of this Order.1 Finally, the Clerk is directed to set this matter
for a telephonic status conference and issue a notice for trial.
SO ORDERED on November 17, 2017.
s/Mark E. Walker
____
United States District Judge

1

Plaintiff was ordered on January 24, 2017, ECF No. 64, to pay attorney’s fees to Defendant in the amount of
$7,316.80. (Payable to Defendant’s counsel.)

2