Aiyekusibe v. The Hertz Corporation

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).

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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