NATIONAL LABOR RELATIONS BOARD
v.
ONE LIFESTYLE MANAGEMENT, LLC

S.D. Fla. | 2025-06-02
No. 25-20632-CIV
2025 FFL 14219 District Court, S.D. Florida (2025)

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Synopsis

The National Labor Relations Board sought enforcement of a subpoena duces tecum against One Lifestyle Management, LLC in federal district court. The court adopted the magistrate judge's report and recommendation, granted the NLRB's motion for voluntary dismissal, and closed the case.


Holding

The court adopted the magistrate judge's report and recommendation in full, granted the NLRB's motion for voluntary dismissal, and dismissed the amended application for subpoena enforcement without prejudice.


Key Quotes

“Failure to file objections shall bar parties from attacking on appeal the factual findings contained in the R. & R.”

Establishes the consequence of failing to object to magistrate judge recommendations within the statutory period

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Facts & Procedural History

The NLRB filed an Amended Application for Order Requiring Obedience to Subpoena Duces Tecum against One Lifestyle Management, LLC. A Magistrate Judge …

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Opinion of the Court

THIS CAUSE is before the Court on the Report and Recommendation of Magistrate Judge Marty Elfenbein, (“R. & R.,” D.E. 18), issued on May 13, 2025. The R. & R. provides the Parties with fourteen (14) days to file objections. As of the date of this Order, no objections have been filed. Failure to file objections shall bar parties from attacking on appeal the factual findings contained in the R. & R.. See Resolution Trust Corp. v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993). Therefore, after an independent review of the R. & R. and record, it is hereby ORDERED AND ADJUDGED that:

1. The R. & R. (D.E. 18) is ADOPTED IN FULL; 2. Petitioner's Motion for Voluntary Dismissal (D.E. 17) is GRANTED;

3. The Amended Application for Order Requiring Obedience to Subpoena Duces Tecum (D.E. 4) is DISMISSED WITHOUT PREJUDICE; 4. All pending motions are DENIED AS MOOT; and 5. This case is now CLOSED.

DONE AND ORDERED in Chambers at Miami, Florida this 2nd day of June, 2025.

goan A. Lenard JOAN A. LENARD UNITED STATES DISTRICT JUDGE

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