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State Farm Mutual Automobile Ins. Co. v. Miami Medical Care Center, Inc., 15-cv-22660-DPG. (2019)

Court: District Court, N.D. Florida Number: infdco20191003c68
Filed: Oct. 02, 2019
Latest Update: Oct. 02, 2019
Summary: ORDER DARRIN P. GAYLES , District Judge . THIS CAUSE comes before the Court on the Report and Recommendation of Judge Lauren Fleischer Louis (the "Report") [ECF No. 131]. The action was referred to Magistrate Judge Louis, pursuant to 28 U.S.C. 636(b)(1)(B), for a Report and Recommendation on Plaintiffs' Motion for Imposition of Equitable Lien in Post-Judgment Proceedings Supplementary (the "Motion"). [ECF No. 121]. On July 15, 2019, Judge Louis recommended that the Court deny the Motion
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ORDER

THIS CAUSE comes before the Court on the Report and Recommendation of Judge Lauren Fleischer Louis (the "Report") [ECF No. 131]. The action was referred to Magistrate Judge Louis, pursuant to 28 U.S.C. § 636(b)(1)(B), for a Report and Recommendation on Plaintiffs' Motion for Imposition of Equitable Lien in Post-Judgment Proceedings Supplementary (the "Motion"). [ECF No. 121]. On July 15, 2019, Judge Louis recommended that the Court deny the Motion and grant Plaintiffs a finite period to file a Complaint that would allow remaining issues in the post-judgment proceedings to be decided on the merits. [ECF No. 131, at 7-8]. No party timely filed objections.

A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections "pinpoint the specific findings that the party disagrees with." United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F.Supp.2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006).

Accordingly, having reviewed the Report for clear error, the Court agrees with Judge Louis's well-reasoned analysis and recommendations and finds that Plaintiff's Motion should be denied.

CONCLUSION

Based on the foregoing, it is ORDERED AND ADJUDGED as follows that Judge Louis's Report and Recommendation [ECF No. 131] is ADOPTED in FULL. Plaintiff's Motion is DENIED.

DONE AND ORDERED.

Source:  Leagle

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