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Hess v. Sycamore Concierge LLC, 2:18-cv-653-FtM-29NPM. (2019)

Court: District Court, M.D. Florida Number: infdco20190913h37 Visitors: 7
Filed: Sep. 13, 2019
Latest Update: Sep. 13, 2019
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. #41), filed August 26, 2019, recommending that the Motion for Clerk's Default (Doc. #36) be granted, the Clerk be directed to enter a default against Sycamore Concierge LLC, and that Sycamore Concierge LLC's Answer and Affirmative Defenses (Doc. #16) be stricken. No objections have been filed and the time to do so has expired. After
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OPINION AND ORDER

This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #41), filed August 26, 2019, recommending that the Motion for Clerk's Default (Doc. #36) be granted, the Clerk be directed to enter a default against Sycamore Concierge LLC, and that Sycamore Concierge LLC's Answer and Affirmative Defenses (Doc. #16) be stricken. 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). 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. #41) is hereby adopted and the findings incorporated herein.

2. Plaintiff's Motion for Clerk's Default (Doc. #36) is granted. The Clerk is directed to enter a default against Sycamore Concierge LLC only.

3. Sycamore Concierge LLC's Answer and Affirmative Defenses (Doc. #16) is stricken. The Clerk shall make a notation on the docket.

DONE and ORDERED.

Source:  Leagle

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