Government Employees Insurance Company et al v. Analgesic Healthcare, Inc. et al

Middle District of Florida, flmd-8:2017-cv-01130

ORDER approving and adopting Report and Recommendation {{123}}, re: Defendant's motion {{111}}. Signed by Judge James D. Whittemore on 7/23/2018. (AKA)

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PageID 1691 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION GOVERNMENT EMPLOYEES INSURANCE COMPANY, et al ., Plaintiffs, vs. Case No. 8: 17 - cv - 1130 - T - 27AAS ANALGESIC HEALTHCARE, INC. and ROY EDGERTON, Defendants. ORDER BEFORE THE COURT is the Report and Recommendation from the Magistrate Judge recommending that Defendants ' motion to modify the CMSO (Dkt. 111) be granted, and the parties ' proposed amended CMSO, with the exception of Paragraph 6, be adopted. (Dkt. 123) . The parties do not oppose. (Dkts. 125, 126) . A district court may accept, reject or modify a magistrate judge's report and recommendation. 28U.S. C. § 636 (b) (1) . In the absence of specific objections, there is no requirement that factual findings be reviewed de novo, and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 8 636 (b) (1) (C); Garvey v. Vaughn, 993 F. 2d 776, 779 n. 9 (11th Cir. 1993) . Legal conclusions are reviewed de novo, even in the absence of an objection. See LeCroy y. McNeil, 397 F. App ' x. 554, 556 (11th Cir. 2010) (citing United States v. Warren, 687 F. 2d 347, 348 (11th Cir. 1982)); Cooper - Houston v. S. Ry. Co ., 37 F. 3d 603, 604 (11th Cir. 1994) . / / After conducting a careful and complete review of the findings, conclusions, and reCOM recommendations, and giving de novo review to matters of law, VOI PageID 1692 1. The Report and Recommendation (Dkt. 123) is APPROVED and ADOPTED for all purposes, including for appellate review. 2. The Case Management and Scheduling Order (Dkt. 88) is amended as follows: Non - Expert / Expert Witness Disclosure Deadline May 17, 2019 Discovery Cutoff July 19, 2019 Dispositive and Daubert Motion Deadline August 16, 2019 Pretrial Conference October 3, 2019 at 10: 00 A. M. Trial Term November 4, 2019 DONE AND ORDERED this _ _ day of July, 2018. is 234 Mittmore JAMES D. WHITTEMORE United States District Judge Copies to: Counsel of record ' All other provisions of the Case Management and Scheduling Order (Dkt. 88) shall remain in full force and effect.