Sebastian v. Allegro Group of SWFL, Inc.

Filing 26

OPINION AND ORDER granting 24 Motion for default; adopting 25 Report and Recommendations. The Clerk shall enter a default against defendant Allegro Group of SWFL, Inc. Signed by Judge John E. Steele on 12/13/2010. (RKR)

Sebastian v. Allegro Group of SWFL, Inc.

Doc. 26

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JAVIER T. SEBASTIAN on behalf of himself and all others similarly situated, Plaintiff, vs. ALLEGRO GROUP OF SWFL, INC. Florida Profit Corporation, a Case No. 2:10-cv-12-FtM-29DNF

Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #25), filed November 23, 2010, recommending that plaintiff's untitled Motion for a default (Doc. #24) be granted and a default be entered against defendant Allegro Group of SWFL, Inc. for failure to obtain counsel in compliance with the Court's Orders. 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. § No objections have

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 (11th Cir. 1993), and the court may accept, reject or modify, in

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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: 1. The Report and Recommendation (Doc. #25) is hereby adopted and plaintiff's GRANTED. 2. The Clerk shall enter a default against defendant Allegro untitled Motion for a default (Doc. #24) is

Group of SWFL, Inc. DONE AND ORDERED at Fort Myers, Florida, this December, 2010. 13th day of

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