MCFALLS
v.
NCH HEALTHCARE SYSTEM, INC.
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The District Court adopted a Magistrate Judge's Report and Recommendation dismissing without prejudice the Fair Labor Standards Act collective action claim of opt-in plaintiff Anthony Martinez and removing him as a plaintiff in this wage-and-hour class action against NCH Healthcare System, Inc.
The Court accepted and adopted the Magistrate Judge's Report and Recommendation in full, finding no plain error. Accordingly, Anthony Martinez's collective action claim was dismissed without prejudice and he was terminated as an opt-in plaintiff.
“a district judge "may accept, reject, or modify, in whole or in part," a magistrate judge's report and recommendation”
Establishes the standard governing district court review of magistrate judge recommendations
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Join FLexlaw to unlock all legal intelligenceThis case involves a proposed class action and collective action under the Fair Labor Standards Act brought by Lauren McFalls on behalf of similarly s…
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Before the Court is United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (“R&R”) (Doc. 135). Judge Dudek recommends that the Court dismiss without prejudice Opt-In Plaintiff Anthony Martinez's claim under the Fair Labor Standards Act collective action and remove him as a plaintiff. No party 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," a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the report and recommendation de novo. See
Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don't object, a district court need only correct plain error as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing 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. It accepts and adopts the R&R in full.
Accordingly, it is now ORDERED:
1. Judge Dudek's Report and Recommendation (Doc. 135) is ACCEPTED and ADOPTED, and the findings incorporated herein.
2. Opt-In Plaintiff Anthony Martinez's claim is DISMISSED without prejudice.
3. The Clerk is DIRECTED to terminate Anthony Martinez as an Opt- In Plaintiff.
DONE and ORDERED in Fort Myers, Florida on June 2, 2025.
SherisPolster Rappell
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record