Filed: Feb. 21, 2019
Latest Update: Feb. 21, 2019
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is U.S. Magistrate Judge Douglas N. Frazier's Report and Recommendation (R&R) (Doc. 50), recommending that Geovera Specialty Insurance Company's Unopposed Motion to Strike Portions of Complaint (Doc. 16) be granted. No party has objected to the R&R, and the time to do so has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modi
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is U.S. Magistrate Judge Douglas N. Frazier's Report and Recommendation (R&R) (Doc. 50), recommending that Geovera Specialty Insurance Company's Unopposed Motion to Strike Portions of Complaint (Doc. 16) be granted. No party has objected to the R&R, and the time to do so has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modif..
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OPINION AND ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is U.S. Magistrate Judge Douglas N. Frazier's Report and Recommendation (R&R) (Doc. 50), recommending that Geovera Specialty Insurance Company's Unopposed Motion to Strike Portions of Complaint (Doc. 16) be granted. No party has objected to the R&R, and the time to do so has expired.
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). 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).
Here, Judge Frazier considered the arguments made by the parties and determined that Geovera's request to strike Plaintiffs' references to Chapter 627 of the Florida Statutes in the Complaint, including the request for attorneys' fees under Section 627.428, should be granted because Geovera is a surplus lines insurer and Chapter 627 does not apply to surplus lines carriers. After independently examining the file and on consideration of Judge Frazier's findings and recommendations, the Court accepts and adopts the R&R.
Accordingly, it is now
ORDERED:
(1) U.S. Magistrate Judge Mac R. Frazier's Report and Recommendation (Doc. 23) is ACCEPTED and ADOPTED.
(2) Geovera Specialty Insurance Company's Unopposed Motion to Strike Portions of Complaint (Doc. 16) is GRANTED, and the references to Chapter 627 of the Florida Statutes in paragraphs 10, 11, 17, and the "WHEREFORE" paragraph of the Complaint (Doc. 2) are STRICKEN.
DONE and ORDERED.
