UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 23-61881-CIV-DIMITROULEAS WINIFRED BARRY,

Plaintiff,

v.

SAM’S EAST, INC. d/b/a SAM’S CLUB,

Defendant. _____________________________________/

ORDER ADOPTING AND APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; DENYING MOTION TO STRIKE

THIS CAUSE is before the Court upon Plaintiff Winifred Barry (“Plaintiff”)’s Motion to Strike or Exclude Expert Testimony (the “Motion”) [DE 21], and the January 26, 2024 Magistrate Judge’s Report and Recommendation (the “Report”) [DE 33]. The Court notes that no objections to the Report [DE 33] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 33] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger,

(11th Cir. 1988), cert. denied,

(1988); RTC v. Hallmark Builders, Inc.,

(11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 33] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 33] is hereby ADOPTED and APPROVED; and 2. Plaintiff’s Motion to Strike or Exclude Expert Testimony [DE 21] is hereby DENIED. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 12th day of February 2024.

| n j . Piaf ff, a7 a 4 if tz ay eh “3 (AK VA A WANAKA AA ea VILLIAM P. DIMITROULEAS United States District Judge Copies furnished to: Magistrate Judge Augustin-Birch Counsel of record