ADVANTAGE OPEN MRI v. ST. FARM MUTUAL AUTOM. INS

Full title: ADVANTAGE OPEN MRI, INC., Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Sep 15, 2009

CASE NO. 8:08-CIV-2308-T-17-EAJ (M.D. Fla. Sep. 15, 2009)

Opinion

CASE NO. 8:08-CIV-2308-T-17-EAJ.

September 15, 2009

ORDER ADOPTING REPORT AND RECOMMENDATION

ELIZABETH KOVACHEVICH, District Judge

This cause is before the Court on the report and recommendation (R R) issued by Magistrate Judge Elizabeth A. Jenkins on July 24, 2009 (Docket No. 30). The magistrate judge recommended that the Court grant the plaintiff's motion to remand (Docket 8).

Pursuant to Rule 6.02, Rules of the United States District Court for the Middle District of Florida, the parties had ten (10) days after service to file written objections to the proposed findings and recommendations, or be barred from attacking the factual findings on appeal. Nettles v. Wainwright , 677 F.2d 404 (5th Cir. 1982) (en banc). The defendants filed objections to the report and recommendation (Docket No. 32) and the plaintiff filed a response to the objections (34).

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).

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 and finds the defendants' objections without merit. Accordingly, it is

ORDERED that the report and recommendation, September 18, 2008 (Docket No. 30) be adopted and incorporated by reference; the defendants' objections are overruled; and the plaintiff's motion to remand (Docket 8) be granted. The Clerk of Court is directed to remand this case to the appropriate state court and to close the case and terminate any pending motions. DONE and ORDERED in Chambers, in Tampa, Florida.