Jackson-Platts v. Trans Health Management, Inc.

Full title: CATHY JACKSON-PLATTS, Plaintiff, v. TRANS HEALTH MANAGEMENT, INC., et al.…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: May 23, 2011

CASE NO: 8:10-cv-2937-T-33TGW (M.D. Fla. May. 23, 2011)

Opinion

CASE NO: 8:10-cv-2937-T-33TGW.

May 23, 2011

ORDER

VIRGINIA COVINGTON, District Judge

This cause comes before the Court pursuant to Plaintiff's Motion to Remand to State Court (Doc. # 11). On April 29, 2011, the Honorable Thomas G. Wilson, United States Magistrate Judge, issued a Report and Recommendation (Doc. # 61), recommending that the motion be denied. On May 6, 2011, Plaintiff filed her Objections to the Report and Recommendation (Doc. # 65). On May 19, 2011, Defendant General Electric Capital Corporation filed an Opposition to Plaintiff's Objections (Doc. # 67).

After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n. 9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994).

Upon consideration of the Report and Recommendation of the Magistrate Judge, all objections thereto and responses to objections timely filed by the parties and upon this Court's independent examination of the file, it is determined that the Magistrate Judge's Report and Recommendation should be adopted and all objections overruled.

Accordingly, it is ORDERED, ADJUDGED, and DECREED: ADOPTED, CONFIRMED, APPROVED DENIED.

(1) Judge Wilson's Report and Recommendation (Doc. # 61) is and in all respects and is made a part of this Order for all purposes, including appellate review. Plaintiff's objections are overruled. (2) Plaintiff's Motion to Remand to State Court (Doc. # 11) is DONE and ORDERED in Chambers in Tampa, Florida.