Carter et al v. Liquid Chase, Inc. et al
Filing
35
OPINION AND ORDER adopting 34 Report and Recommendations; adopting 31 Report and Recommendations; the Clerk shall enter a default against all defendants. Plaintiffs shall file a motion for default judgment within 60 days. Signed by Judge John E. Steele on 5/6/2011. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ALAN CARTER,
THOMSEN,
JOE
TAMS,
GEORGE
Plaintiffs,
vs.
Case No.
LIQUID CHASE,
Corporation,
individually,
individually,
INC.
a
DOUGLAS
JOHN
2:10-cv-34-FtM-29DNF
Delaware
KEYSER,
STEWART,
___________________________________
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #31), filed
March 18, 2011, recommending that defaults be issued against
Douglas Keyser and Liquid Chase, Inc. for failure to respond to the
Court’s Orders, and the Report and Recommendation (Doc. #34), filed
April 15, 2011, recommending that a default be issued against John
Stewart
for
failure
to
respond
to
the
Court’s
Orders.
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).
The March 18, 2011, Report and Recommendation was initially
taken
under
addresses.
advisement
(Doc. #33.)
to
allow
for
delivery
to
alternative
No parties appeared in response.
After
conducting an independent examination of the file and upon due
consideration of the Reports and Recommendations, the Court accepts
both Reports and Recommendations of the magistrate judge.
Accordingly, it is now
ORDERED:
1.
The
Report
and
Recommendation
(Doc. #31)
is
hereby
The
Report
and
Recommendation
(Doc. #31)
is
hereby
adopted.
2.
adopted.
3.
The Clerk shall enter a default against all defendants.
-2-
4. Plaintiffs shall file a motion for default judgment within
SIXTY (60) DAYS of this Order.
DONE AND ORDERED at Fort Myers, Florida, this
May, 2011.
Copies:
Hon. Douglas N. Frazier
United States Magistrate Judge
Counsel of Record
Unrepresented parties
-3-
6th
day of
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