Smith v. Wal-Mart Stores East, LP

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.
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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
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