Filed: Jun. 25, 2012
Latest Update: Jun. 25, 2012
Summary: OPINION AND ORDER JOHN E. STEELE, District Judge. This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #101), filed May 30, 2012, recommending that plaintiff's Motion for Entry of Clerk's Default (Doc. #92) be granted in part and denied in part, a Clerk's default be entered against defendants BIH Corporation and North Bay South Corporation, and relief defendants The Caddo Corporation and Beaver Creek Financial Corporation, and that the mot
Summary: OPINION AND ORDER JOHN E. STEELE, District Judge. This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #101), filed May 30, 2012, recommending that plaintiff's Motion for Entry of Clerk's Default (Doc. #92) be granted in part and denied in part, a Clerk's default be entered against defendants BIH Corporation and North Bay South Corporation, and relief defendants The Caddo Corporation and Beaver Creek Financial Corporation, and that the moti..
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OPINION AND ORDER
JOHN E. STEELE, District Judge.
This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #101), filed May 30, 2012, recommending that plaintiff's Motion for Entry of Clerk's Default (Doc. #92) be granted in part and denied in part, a Clerk's default be entered against defendants BIH Corporation and North Bay South Corporation, and relief defendants The Caddo Corporation and Beaver Creek Financial Corporation, and that the motion be denied as to defendant Baron International, Inc. No objections have been filed 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. 28 U.S.C. § 636(b)(1); 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 the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #101) is hereby adopted and the findings incorporated herein.
2. Plaintiff's Motion for Entry of Clerk's Default (Doc. #92) is granted in part and denied in part. The motion is granted as to defendants BIH Corporation and North Bay South Corporation, and relief defendants The Caddo Corporation and Beaver Creek Financial Corporation, and the motion is denied as to defendant Baron International, Inc.
3. The Clerk shall enter a default against defendants BIH Corporation and North Bay South Corporation, and relief defendants The Caddo Corporation and Beaver Creek Financial Corporation.
DONE AND ORDERED.
