United States District Court, M.D. Florida, Jacksonville Division
ABDULLAH M. AL-RAYES, et al., Plaintiff,
ERIKA M. WILLINGHAM, Individually and as Trustee of the Erika M. Willingham Trust, Defendant.
MORALES HOWARD UNITED STATES DISTRICT JUDGE
CAUSE is before the Court on the Report and Recommendation
(Dkt. No. 144; Report), entered by the Honorable Joel B.
Toomey, United States Magistrate Judge, on May 17, 2017. In
the Report, Judge Toomey recommends that Defendant Erika M.
Willingham's Motion to Dismiss Plaintiffs' Third
Amended Complaint With Prejudice (Dkt. No. 106; Motion to
Dismiss) be denied. See Report at 1, 12. Neither
party has filed objections to the Report, and the time for
doing so has now passed.
Court “may accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate
judge.” 28 U.S.C. § 636(b). If no specific
objections to findings of fact are filed, the district court
is not required to conduct a de novo review of those
findings. See Garvey v. Vaughn, 993 F.2d 776, 779
n.9 (11th Cir. 1993); see also 28 U.S.C. §
636(b)(1). However, the district court must review legal
conclusions de novo. See Cooper-Houston v.
Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);
United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007
WL 1428615 at *1 (M.D. Fla. May 14, 2007).
independent review of the file and for the reasons stated in
the Magistrate Judge's Report, the Court will accept and
adopt the legal and factual conclusions recommended by the
doing so, the Court notes that in Defendant's Motion for
Summary Judgment (Dkt. No. 128; Motion for Summary Judgment),
Defendant incorporates by reference the arguments raised in
the Motion to Dismiss. See Motion for Summary
Judgment at 8. This is improper, and therefore, the Motion
for Summary Judgment is due to be stricken.The Court will allow
Defendant the opportunity to file a proper self-contained
motion for summary judgment. However, in light of this, the
undersigned finds it necessary to continue the final pretrial
conference and trial in this matter.
light of the foregoing, it is hereby
Magistrate Judge's Report and Recommendation (Dkt. No.
144) is ADOPTED as the opinion of the Court.
Defendant Erika M. Willingham's Motion to Dismiss
Plaintiffs' Third Amended Complaint With Prejudice (Dkt.
No. 106) is DENIED.
Defendant's Motion for Summary Judgment (Dkt. No. 128) is
Defendant shall have up to and including June 27, 2017, to
file a proper self-contained motion for summary judgment,
which shall not exceed thirty (30) pages. Plaintiffs shall
have up to and including July 11, 2017, to file a response,
which shall not exceed twenty-five (25) pages. Defendant may
file a reply no later than July 21, 2017, and Plaintiffs may
file a sur-reply no later than July 31, 2017. The reply and
sur-reply shall not exceed ten (10) pages each.
following deadlines shall apply:
All Other Motions Including Motions In Limine
NOVEMBER 27, 2017
Responses to All Other Motions Including Motions In
DECEMBER 11, 2017
Joint Final Pretrial Statement
DECEMBER 11, 2017
Final Pretrial Conference Dated:
DECEMBER 18, 2017
Marcia Morales Howard
Trial Term Begins [Trials Before Magistrate Judges
Begin on Date Certain]
JANUARY 2, 2018
Estimated Length of Trial