# Aiyekusibe v. The Hertz Corporation

> District Court, M.D. Florida · March 6, 2020

URL: https://www.frixlaw.com/law-library/cases/10104700

## Case

- **Court:** District Court, M.D. Florida
- **Decided:** March 6, 2020
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10104700

## Opinion text

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

BAMIDELE AIYEKUSIBE, MISCHELE
HIGGINSON and SHANTAL BROWN-
WINN, individually and on behalf of all
others similarly situated

Plaintiffs,

v. Case No.: 2:18-cv-816-FtM-38MRM

THE HERTZ CORPORATION and
DTG OPERATIONS, INC.,

Defendants.
/
ORDER1
Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and
Recommendation (“R&R”). (Doc. 122). Judge McCoy recommends denying Plaintiffs’
motion to toll the statute of limitations. Neither party objected, and the matter is ripe.
A district judge “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); see also
Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982). Without a specific objection,
the judge need not review factual findings de novo. 28 U.S.C. § 636(b)(1); see also
Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). But the district court reviews
legal conclusions de novo, even without an objection. Cooper-Houston v. S. Ry., 37 F.3d
603, 604 (11th Cir. 1994).

1 Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the
Court does not endorse, recommend, approve, or guarantee any third parties or the services or products
they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s
availability and functionality, and a failed hyperlink does not affect this Order.
After a careful, complete, and independent examination of the file, the Court
accepts and adopts Judge McCoy’s R&R in full.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 122) is ACCEPTED and ADOPTED.
2. Plaintiffs’ Renewed Motion for Equitable Tolling of Statute of Limitations (Doc.
113) is DENIED.
DONE and ORDERED in Fort Myers, Florida this 6th day of March, 2020.

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10104700. Public record. Not legal advice.