1:25-cv-20228•Smith v. Wal-Mart Stores East, LP
Full text
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 25-cv-20228-BLOOM/Elfenbein BRENDA SMITH, Plaintiff, v. WAL-MART STORES EAST, LP, Defendant. ________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION THIS CAUSE is before the Court upon Plaintiff’s Expedited Motion to Enforce Settlement Agreement with Defendant Wal-Mart Stores, East and for Sanctions (“Motion”). ECF No. [35]. On October 7, 2025, the Court referred the Motion to Magistrate Judge Marty Fulgueira Elfenbein for a Report and Recommendation (“R&R”). ECF No. [42]. On December 5, 2025, Judge Elfenbein issued an R&R recommending that the Motion be granted in part and denied in part. ECF No. [56]. Judge Elfenbein advised the parties that they “have fourteen (14) days from the date of being served with a copy of this Report and Recommendation within which to file written objections[.]” Id. at 9. To date, the parties have not filed objections, nor have they sought additional time to file objections. Nonetheless, the Court has conducted a de novo review of Judge Elfenbein’s R&R and the record and is otherwise fully advised in the premises. See Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore adopts the analysis in the R&R. Case 1:25-cv-20228-BB Document 59 Entered on FLSD Docket 12/23/2025 Page 1 of 2
Case No. 25-cv-20228-BLOOM/Elfenbein 2 Accordingly, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation, ECF No. [56], is ADOPTED. 2. Plaintiff’s Expedited Motion to Enforce Settlement Agreement with Defendant Wal-Mart Stores, East and for Sanctions, ECF No. [35], is GRANTED IN PART and DENIED IN PART. 3. Defendant Wal-Mart Stores, East shall deliver the settlement check to Plaintiff Brenda Smith on or before December 25, 2025. 4. Plaintiff’s request for sanctions is DENIED. 5. All pending motions are DENIED AS MOOT. 6. The Clerk of Court shall CLOSE this case. DONE and ORDERED in Chambers in Miami, Florida, on December 22, 2025. ______________________________ BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of record Case 1:25-cv-20228-BB Document 59 Entered on FLSD Docket 12/23/2025 Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.