WADE
v.
ALLYRIDES LLC
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The court adopts the magistrate judge's report and recommendation, granting the plaintiff's motion for default judgment in part.
Plaintiff filed a motion for default judgment, which was reviewed by a magistrate judge. The magistrate judge recommended granting the motion in part.…
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ORDER1
Before the Court is United States Magistrate Judge Nicholas P. Mizell’s Corrected Report and Recommendation (“R&R”) (Doc. 14). Judge Mizell recommends granting Plaintiff’s Motion for Default Judgment (Doc. 10) in part. Neither party timely objected. So the matter is ripe for review. After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” the magistrate judge’s R&R. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the R&R de novo. See Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993).
Corp., 648 F. App’x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F. 3d 1322, 1329 (11th Cir. 1999). After careful consideration and an independent review of the case, the Court finds no plain error. So it accepts and adopts the R&R in full. Accordingly, it is now
ORDERED: 1. United States Magistrate Judge Nicholas P. Mizell’s Corrected Report and Recommendation (Doc. 14) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. Plaintiff’s Motion for Default Judgment Against Defendant (Doc. 10) is GRANTED in part. 3. The Clerk is DIRECTED to enter judgment in favor of Plaintiff for the following amounts in the total of $5,075.24:
a. Plaintiff is AWARDED $1,884.24 in sum certain wages and liquidated damages. b. Plaintiff is AWARDED $461 in costs. c. Plaintiff AWARDED $2,730 in attorney’s fees.
4. The Clerk is DIRECTED to deny any pending motions as moot, terminate all deadlines, and close the case. DONE and ORDERED in Fort Myers, Florida on March 28, 2022.
, Lh platrathe 7
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Farley v. Nationwide Mut. Ins. Co., 197 F.3d 1322 (11th Cir. 1999)