Opinion
CASE NO.: 20-cv-60811-GAYLES/STRAUSS
11-22-2020
THE ESTATE OF SAMUEL I. ROIG, et al., Plaintiffs, v. UNITED PARCEL SERVICE, INC., et al., Defendants.
ORDER
THIS CAUSE comes before the Court on Plaintiffs' Motion for Remand (the "Motion") [ECF No. 10]. The Motion was referred to Magistrate Judge Jared M. Strauss, pursuant to 28 U.S.C. § 636(b)(1)(B) and the Magistrate Rules of the Local Rules for the Southern District of Florida. [ECF No. 25]. On September 30, 2020, Judge Strauss issued his report recommending that the Motion be denied (the "Report") [ECF No. 35]. Plaintiffs filed timely objections to the Report [ECF Nos. 40, 41], and Defendants filed a response to Plaintiffs' objections [ECF No. 44]. For the reasons that follow, the Court adopts the Report in full and denies Plaintiffs' Motion.
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections "pinpoint the specific findings that the party disagrees with." United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006).
The Court, having conducted a de novo review of the Report and the record, agrees with Judge Strauss's well-reasoned analysis and recommendation that the Motion should be denied. Accordingly, it is
ORDERED AND ADJUDGED as follows:
1) The Report and Recommendation [ECF No. 35] is ADOPTED in FULL and
2) Plaintiff's Motion for Remand [ECF No. 10] is DENIED.
DONE AND ORDERED in Chambers at Miami, Florida, this 22nd day of November, 2020.
/s/_________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE