UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

GIHOSVANI RUIZ, and other similarly situated individuals,

Plaintiff,

v. Case No.: 2:19-cv-805-SPC-MRM

GILBERTO DIAZ,

Defendant. / OPINION AND ORDER1 Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (Doc. 71), recommending the Court strike Gilberto Diaz’s Answer and Defenses and direct the Clerk to enter a default against him for failure to comply with Court orders. No party objected, so the matter is ripe for review. After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” the magistrate judge’s R&R.

(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the

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. R&R de novo. See Garvey v. Vaughn,

, 779 n.9 (11th Cir. 1993). Instead, when parties don’t object, a district court need only correct plain error

as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp.,

(11th Cir. 2016); Thomas v. Arn,

(1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error

would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins.,

, 1329 (11th Cir. 1999). After careful consideration and an independent review of the case, the Court finds no plain error. So it accepts and adopts the R&R in full.

Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 71) is ACCEPTED and ADOPTED and the findings incorporated herein.

2. Defendant Gilberto Diaz’s Answer and Defenses (Doc. 17) is STRICKEN. 3. The Clerk is DIRECTED to enter a Clerk’s Default against Defendant Gilberto Diaz.

4. Plaintiff must file a motion or default judgment against Diaz by May 17, 2022. DONE and ORDERED in Fort Myers, Florida on April 12, 2022.

, Lh platrathe 7 UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record