Whitney v. Doctors Spa at Duval Square Inc.
Whitney v. Doctors Spa at Duval Square Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 4:23-cv-10014-GAYLES/TORRES
CATHERINE WHITNEY,
Plaintiff/Counter-Defendant,
v.
DOCTORS SPA AT DUVAL SQUARE INC. and ADRIENNE CURRAN, M.D.,
Defendants/Counter-Plaintiffs. ______________________________________/
ORDER
THIS CAUSE comes before the Court on Chief Magistrate Judge Edwin G. Torres’ Report and Recommendation on Defendants’ Motion to Enforce Settlement Agreement (the “Report”). [ECF No. 62]. On November 15, 2023, Defendants Adrienne Curran and Doctors Spa at Duval Square Inc. filed their Motion to Enforce FLSA Settlement (the “Motion”). [ECF No. 52]. Plaintiff then filed her Response, [ECF No. 55], to which Defendants filed their Reply, [ECF No. 57]. On November 16, 2023, the Court referred the Motion to Judge Torres pursuant to
28 U.S.C. § 636(b)(1)(B). [ECF No. 53]. On April 17, 2024, Judge Torres issued his Report recommending that the Court deny Defendants’ Motion. [ECF No. 62]. The parties have not objected to the Report. A district court may accept, reject, or modify a magistrate judge’s report and recommendation.
28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz,
565 F.3d 1353, 1360(11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objections are made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C.,
199 F. Supp. 2d 1271, 1276(M.D. Fla. 2001); accord Macort v. Prem, Inc.,
208 F. App’x 781, 784(11th Cir. 2006). This Court finds no clear error with Judge Torres’ well-reasoned analysis and agrees that the Motion should be denied. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Chief Magistrate Judge Edwin G. Torres’ Report and Recommendation, [ECF No. 62], is AFFIRMED AND ADOPTED and incorporated into this Order by reference. 2. Defendants Adrienne Curran and Doctors Spa at Duval Square Inc.’s Motion to Enforce FLSA Settlement, [ECF No. 52], is DENIED. DONE AND ORDERED in Chambers at Miami, Florida, this 7th day of May, 2024.
Df BL 4 UNITED STATES DIST JUDGE
Reference
- Status
- Unknown