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Noel v. MHC Heritage Plantation, LLC

United States District Court, Southern District of Florida
Mar 24, 2023

DONALD M. MIDDLEBROOKS, UNITED STATES DISTRICT JUDGE

SHANIEK MAYNARD, MAGISTRATE JUDGE

ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE .JUDGE

DONALD M. MIDDLEBROOKS, UNITED STATES DISTRICT JUDGE

THIS CAUSE comes before the Court on United States Magistrate Judge Shaniek Maynard's Report and Recommendations (“Report”), entered February 24, 2023. (DE 192). The Report recommends denial of Plaintiffs Michael Noel, Kathleen Wiksten, and Claire Ladouceur's Revised Motion for Class Certification (DE 50), filed on May 6, 2022. On March 6, 2023, Plaintiffs filed objections to the Report (DE 196), and Defendants filed limited objections to findings in the Report (DE 195). Both Parties filed responses on March 14, 2023 (DE 200; DE 199), and Plaintiffs filed a Reply in support of their objections on March 20, 2023. (DE 201).

I have conducted an independent de novo review of the Report and the record as a whole. Having carefully considered this record, the briefing on the Parties' objections, and applicable law, I agree with Judge Maynard's findings and conclusions, and I find that the reasoning in the Report is accurate and thorough.

Accordingly, it is ORDERED AND ADJUDGED that

1. Defendants' Objections (DE 195) are OVERRULED.

2. Plaintiff Objections (DE 196) are OVERRULED.

3. Magistrate Judge Maynard's Report and Recommendation (DE 192) is ADOPTED.

4. Plaintiffs Revised Motion to Certify Class (DE 50) is DENIED.