Schwartz v. ADP, LLC.

Opinion

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.

1 Disclaimer: Papers hyperlinked to CM/ECF may be subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or their services or products, nor does it have any agreements with them. The Court is not responsible for a hyperlink’s functionality, and a failed hyperlink does not affect this Order. 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