Schwartz v. ADP, LLC.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DAVID SCHWARTZ, Plaintiff, v. Case No.: 2:21-cv-283-SPC-KCD ADP, INC. and AUTOMATIC DATA PROCESSING, INC., Defendants. / ORDER1 Before the Court is United States Magistrate Judge Kyle C. Dudek’s Report and Recommendation (R&R). (Doc. 168). Judge Dudek recommends denying Defendants ADP’s and Automatic Data Processing, Inc.’s motions to determine entitlement to reasonable attorney’s fees under ERISA (Doc. 141) and FDUTPA (Doc. 150). Judge Dudek also recommends denying Defendants’ related motions for leave to conduct limited discovery (Doc. 149), and for judicial notice (Doc. 155). No party objects to the R&R, and the time to do so has expired. So the R&R is ripe for review.

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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,” a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the report and recommendation de novo. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties do not 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., 648 F. App’x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (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., 197 F.3d 1322, 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: United States Magistrate Judge Kyle C. Dudek’s Report and Recommendation (Doc. 168) is ACCEPTED and ADOPTED, and the findings incorporated herein.

1. Defendants’ Motion to Determine Entitlement to Reasonable Statutory Attorney’s Fees Under ERISA (Doc. 141) is DENIED.

2. Defendants’ Motion for Leave to Conduct Limited Discovery (Doc.

149) is DENIED.

3. Defendants’ Motion to Determine Entitlement to Reasonable Statutory Attorney’s Fees Under FDUTPA (Doc. 150) is DENIED.

4. Defendants’ Motion for Judicial Notice (Doc. 155) is DENIED.

DONE and ORDERED in Fort Myers, Florida on April 6, 20238.

UNITED STATES DISTRICT JUDGE Copies: All Parties of Record