Simon et al v. National City Mortgage Company et al

Filing 139

OPINION AND ORDER adopting 135 Report and Recommendations. The Clerk shall terminate Theodore Bataglia as a party-plaintiff and enter a default against Mr. Bataglia on the Counterclaim. Signed by Judge John E. Steele on 5/6/2011. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOHN SIMON, JOAN SIMON, ANDREAS
KALLISTROS,
KATHLEEN
KALLISTROS,
NICHOLAS SERETIS, DESPINA SERETIS,
H A R A L A MPO
K A S OL A S ,
PALLIS
EVANGELLOS, ANASTASIA PALLIS, GLEN
DESASNTIS, LAWRENCE LODATO, MATHEW
BAILEY, ATHANASIA ZARKADAS, THEODORE
BATAGLIA,
JEREMY
BUTLER,
FRANK
COPPINGER, VINCENT GALGANO, WILLIAM
MCCARTHY, JOEL SEVILLA, WILLIAM
WOODHULL, DIMITRIOS SERETIS
Plaintiffs/Counter-Defendants,
vs.

Case No.

NATIONAL CITY MORTGAGE
NATIONAL CITY BANK,

2:09-cv-376-FtM-29DNF

COMPANY,

Defendants/Counter-Plaintiffs.
___________________________________
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #135), filed
April 15, 2011, recommending that Theodore Bataglia be dismissed
and a default be entered against him on the Counterclaim

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.
636(b)(1);

28 U.S.C. §

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.
636(b)(1)(C).

28 U.S.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. #135) is hereby

adopted.
2.

The Clerk shall terminate Theodore Bataglia as a party-

plaintiff in this case.
3.
Theodore

The Clerk is further directed to enter a default against
Bataglia

on

the

Counterclaim

(Doc.

#32,

p.

16).

Defendants shall seek a default judgment against this counterplaintiff within SIXTY (60) DAYS of this Order.
DONE AND ORDERED at Fort Myers, Florida, this
May, 2011.

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6th

day of

Copies:
Hon. Douglas N. Frazier
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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