Gibbs v. MLK Express Services, LLC

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION GREGORY GIBBS and TATONYA HUGGINS, on behalf of himself and those similarly situated Plaintiffs, v. Case No.: 2:18-cv-434-FtM-38MRM MLK EXPRESS SERVICES, LLC, AMAZON LOGISTICS, INC., AMAZON.COM SERVICES, INC., MANIHONG M. PHANOUVONG, LILA V. PHANOUVONG, AMAZON.COM, INC. and AG PLUS EXPRESS, LLC, Defendants. / ORDER1 Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (“R&R”). (Doc. 177). Plaintiffs filed a notice of nonobjection to the R&R. (Doc. 178). Defendants did not object, and the time to do so passed.

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 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.

Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 177) is ACCEPTED and ADOPTED and the findings incorporated herein.

2. The parties’ Joint Notice of Filing Proposed Notice to the Local Delivery Driver Class (Doc. 175), construed as a motion to approve the proposed notice, is DENIED without prejudice.

3. The parties are DIRECTED to meet and confer and submit an amended proposed notice and consent form—consistent with the Report and Recommendation (Doc. 177)—on or before March 13, 2020 for the Court's further consideration and approval.

DONE and ORDERED in Fort Myers, Florida this 14th day of February, 2020.

UNITED STATES DISTRICT JUDGE Copies: All Parties of Record