Rieves, et al v. Kirkwood

Filing 33

ORDER adopting 31 REPORT AND RECOMMENDATIONS re 27 Defendant's Motion for Relief from Judgment, to Quash Service, and to Dismiss. The Report and Recommendation is hereby accepted. The Motion for Relief from Judgment and the Motion to Quash Service are granted, and the Motion to Dismiss is denied. Service is quashed, the default and default judgment are set aside, Plaintiff is given thirty (30) days to serve Defendant, and this case is reopened. Signed by Judge Virginia M. Hernandez Covington on 9/22/2005. (agm)

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Rieves, et al v. Kirkwood Doc. 33 Case 2:04-cv-00037-MMH-DNF Document 33 Filed 09/22/2005 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION KARTER RIEVES, and ACCESS NOW, INC., a Florida not-for-profit corporation, Plaintiffs, vs. STEER-MILL, INC., a Florida Corporation d/b/a Top O'Mast, Defendant. _____________________________________/ ORDER This matter comes before the Court upon consideration of the Magistrate Judge's Report and Recommendation (Doc. #31), filed September 8, 2005, in regards to Defendant's Motion for Relief from Judgment, to Quash Service, and to Dismiss (Doc. # 27). The Magistrate has recommended that the Motion for Relief from Judgment be granted, the Motion to Quash Service be granted, and the Motion to Dismiss be denied. 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. 636(b)(1); 28 U.S.C. No objections have been filed and the time Case No. 2:04-cv-37-FtM-33DNF Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), In the absence of specific cert. denied, 459 U.S. 1112 (1983). objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 Dockets.Justia.com Case 2:04-cv-00037-MMH-DNF Document 33 Filed 09/22/2005 Page 2 of 2 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 636(b)(1)(C). 28 U.S.C. The district judge reviews legal conclusions de See Cooper-Houston v. novo, even in the absence of an objection. 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, ADJUDGED, and DECREED: 1. The Report and Recommendation is hereby accepted. The Motion for Relief from Judgment and the Motion to Quash Service are granted, and the Motion to Dismiss is denied. Service is quashed, the default and default judgment are set aside, Plaintiff is given thirty (30) days to serve Defendant, and this case is reopened. DONE and ORDERED in Chambers in Fort Myers, Florida, this 22nd day of September, 2005. Copies: All counsel of record; United States Magistrate Judge

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