Elawyers Elawyers
Ohio| Change

SUTOR v. INTEX RECREATION CORP., 2:12-cv-600-FtM-38DNF. (2014)

Court: District Court, M.D. Florida Number: infdco20141023n77 Visitors: 4
Filed: Oct. 24, 2014
Latest Update: Oct. 24, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, Magistrate Judge. This matter comes before the Court on consideration of United States Magistrate Judge Douglas Frazier's Report and Recommendation ( Doc. #95 ) filed on October 6, 2014. Judge Frazier recommends denying Plaintiffs' Motion for Leave to Amend the Complaint to Assert a Claim for Punitive Damages ( Doc. #73 ). ( Doc. #95 at 1 ). The Parties have not objected to the Report and Recommendation, and the time to do so has now expired. Thus, this matter
More

ORDER1

SHERI POLSTER CHAPPELL, Magistrate Judge.

This matter comes before the Court on consideration of United States Magistrate Judge Douglas Frazier's Report and Recommendation (Doc. #95) filed on October 6, 2014. Judge Frazier recommends denying Plaintiffs' Motion for Leave to Amend the Complaint to Assert a Claim for Punitive Damages (Doc. #73). (Doc. #95 at 1). The Parties have not objected to the Report and Recommendation, and the time to do so has now expired. Thus, this matter is ripe for review.

After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's report and recommendation. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). 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 Judge Frazier's findings and recommendations, the Court accepts the Report and Recommendation (Doc. #95).

Accordingly, it is now ORDERED:

1. The Report and Recommendation (Doc. #95) is hereby adopted and the findings incorporated herein. 2. Plaintiffs' Motion for Leave to Amend the Complaint to Assert a Claim for Punitive Damages (Doc. #73) is DENIED.

DONE and ORDERED.

FootNotes


1. Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or Web sites. These hyperlinks are provided only for users' convenience. Users are cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By allowing hyperlinks to other Web sites, this court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the court.
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer