Johnson v. R.J. Reynolds Tobacco Co. et al, No. 2:2012cv00618 - Document 54 (M.D. Fla. 2013)

Court Description: OPINION AND ORDER denying 48 Motion for relief from the scheduling order with regard to amending the complaint and prayer for relief; adopting and incorporating 50 Report and Recommendations. Signed by Judge John E. Steele on 10/8/2013. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION L. JERRY JOHNSON, personal representative the Estate of Carol Hawes as of A. Plaintiff, v. Case No: 2:12-cv-618-FtM-29UAM R.J. REYNOLDS TOBACCO CO., a foreign corporation, as successor by merger to and WIlliamson Tobacco Company and AMERICAN TOBACCO COMPANY, Defendants. ORDER This matter comes before the Court on the Magistrate Judge s Report and Recommendation (Doc. #50) recommending that plaintiff's Motion for Relief From the Scheduling Order Entered By This Court With Regard to Amending the Complaint and Prayer for Relief (Doc. #48) be denied. No objections have been filed and the time to do so has expired. After findings reject conducting and or F.2d (1983). 732 careful recommendations, modify recommendation. 681 a the a and district magistrate 28 U.S.C. § 636(b)(1); (11th Cir. 1982), complete cert. review judge judge s may of the accept, report and Williams v. Wainwright, denied, 459 U.S. 1112 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. Southern 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) (Table). After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge. Accordingly, it is hereby ORDERED: 1. The Report and Recommendation (Doc. #50) is adopted and the findings incorporated herein. 2. Plaintiff's Motion for Relief From the Scheduling Order Entered By This Court With Regard to Amending the Complaint and Prayer for Relief (Doc. #48) is DENIED. DONE and ORDERED at Fort Myers, Florida, this of October, 2013. Copies: Counsel of Record - 2 - 8th day

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