Opinion

Aiyekusibe v. The Hertz Corporation

Court
District Court, M.D. Florida
Filed
Mar 13, 2020
Cited by
0 cases
Authority
More cited than 19.7%

The opinion

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. 129). Judge McCoy recommends approving the

parties’ Joint Amended Proposed Notice (Docs. 125; 125-1). The parties filed a Joint

Notice of No Objection (Doc. 130). So the matter is ripe for review.

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

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.

legal conclusions de novo, even without an objection. Cooper-Houston v. S. Ry., 37 F.3d

603, 604 (11th Cir. 1994).

After a careful, complete, and independent examination of the file, the Court

accepts and adopts Judge McCoy’s R&R in full. This was the last outstanding issue

before the now-approved notice and consent forms can issue. So the parties are

authorized to begin the notice process in accordance with their stipulated procedures for

issuing notice (Doc. 87 at 3-5).

Accordingly, it is now

ORDERED:

1. The Report and Recommendation (Doc. 129) is ACCEPTED and ADOPTED

and the findings incorporated herein.

2. The parties’ Notice of Filing Joint Amended Proposed Notice (Doc. 125),

construed as a motion seeking approval of the parties’ Joint Amended

Proposed Notice (Doc. 125-1), is APPROVED.

3. The parties are AUTHORIZED to begin the notice process in accordance with

their stipulated procedures for issuing notice to the putative opt-in plaintiffs

(Doc. 87 at 3-5).

DONE and ORDERED in Fort Myers, Florida this 13th day of March, 2020.

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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