Filed: Dec. 07, 2018
Latest Update: Dec. 07, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Magistrate Judge Mac R. McCoy's Report and Recommendation. (Doc. 38). Judge McCoy recommends that Plaintiffs Ira Marlowe and Melanie Marlowe's Motion to Compel Appraisal be granted. (Doc. 32). No objections were filed to the Report and Recommendation, and the time to do so has expired. This matter is ripe for review. After conducting a careful and complete review of the findings and recommendations, a district judge ma
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Magistrate Judge Mac R. McCoy's Report and Recommendation. (Doc. 38). Judge McCoy recommends that Plaintiffs Ira Marlowe and Melanie Marlowe's Motion to Compel Appraisal be granted. (Doc. 32). No objections were filed to the Report and Recommendation, and the time to do so has expired. This matter is ripe for review. After conducting a careful and complete review of the findings and recommendations, a district judge may..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is Magistrate Judge Mac R. McCoy's Report and Recommendation. (Doc. 38). Judge McCoy recommends that Plaintiffs Ira Marlowe and Melanie Marlowe's Motion to Compel Appraisal be granted. (Doc. 32). No objections were filed to the Report and Recommendation, and the time to do so has expired. 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). 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).
After careful consideration of the Report and Recommendation and an independent review of the file, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 38) is ACCEPTED and ADOPTED and incorporated into this Order. Plaintiffs' Motion to Compel Appraisal (Doc. 32) is GRANTED.
2. All proceedings in this case are STAYED until the parties advise the Court that appraisal has been completed and the stay is due to be lifted. The parties must notify the Court of such matters within seven (7) days of the appraisal proceedings concluding.
3. The parties are required to file a joint status report regarding the status of appraisal on or before January 21, 2019, and every forty-five (45) days until the conclusion of the appraisal proceedings.
4. The Court reserves jurisdiction to appoint an umpire if the parties' appraisers cannot agree on an umpire.
5. Nothing in this Order shall be construed as limiting Defendant's ability to challenge the amount of attorney's fees sought by the Plaintiffs in connection with Count II of the Complaint, including but not limited to the ability to challenge the reasonableness of the hourly rate charged or the number of hours expended.
6. Any appraisal award will be delineated, such that each damaged building element and all other items included within the award be specifically described and the dollar amount of each such element or item be identified.
7. The Clerk of Court is DIRECTED to add a stay flag on the docket.
DONE and ORDERED.
