Gilbert v. Comfort Keepers Home Care, LLC
Gilbert v. Comfort Keepers Home Care, LLC
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION
MIKE GILBERT,
Plaintiff,
v. Case No. 6:19-cv-2412-Orl-37LRH
COMFORT KEEPERS HOME CARE, LLC; SODEXO, INC.; SDX HOME CARE OPERATION, LLC; and CK FRANCHISING, INC.,
Defendants. _____________________________________
ORDER Plaintiff sued Defendants in state court, removed here, for failing to pay overtime wages in violation of the Fair Labor Standards Act (“FLSA”). (Docs. 1, 1-1.) To date, Plaintiff has failed to file his answers to the Court’s FLSA interrogatories (see Docs. 7, 13)—even after U.S. Magistrate Judge Leslie R. Hoffman ordered Plaintiff to show cause why sanctions should not be imposed for failing to timely file and warning Plaintiff that continuing to ignore the Court’s orders “may result in the dismissal of this case without further warning.” (See Doc. 20.) Given these repeated failures, Judge Hoffman recommends dismissing the case without prejudice for failure to prosecute and failure to comply with Court orders. (Doc. 21 (“R&R”).) The parties did not object to the R&R, and the time for doing so has now passed. As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ,
2016 WL 355490, at *1 (M.D. Fla. Jan 28, 2016); see also Macort v. Prem, Inc.,
208 F. App’x 781, 784(11th Cir. 2006). Finding none, the R&R is adopted in its entirety. Itis ORDERED AND ADJUDGED: 1. US. Magistrate Judge Leslie R. Hoffman’s Report and Recommendation (Doc. 21) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Plaintiff's Complaint (Doc. 1-1) is DISMISSED WITHOUT PREJUDICE. 3. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on May 19, 2020.
wy. < ‘ a ROY B. DALTON United States District Judge
Copies to: Counsel of Record Pro Se Party
Reference
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