FDIC v. Arboretum Development, LLC et al

Filing 37

ORDER adopting the Report and Recommendation of the Magistrate Judge 36 . The Clerk is directed to enter a default against Defendants Arboretum Development, LLC, Clay Winfield and Timothy Kaiser. Signed by Judge Charlene E. Honeywell on 10/13/2010. (BGS)

FDIC v. Arboretum Development, LLC et al

Doc. 37

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FT. MYERS DIVISION

FDIC as Receiver for Florida Community Bank, a Florida banking corporation, Plaintiff, v. ARBORETUM DEVELOPMENT, LLC a Florida limited liability company, BAYSHORE CLUB, L.P., an Indiana limited partnership now known as Bayshore of Naples, L.P., PETERE T. DVORAK, CLAY O. WINFIELD, TIMOTHY D. KAISER, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PLANNING DEVELOPMENT, INC., a Florida corporation, Defendants. / CASE NO. 2:10-CV-313-FtM-36DNF

ORDER THIS CAUSE is before the Court on the Report and Recommendation submitted by United States Magistrate Judge Douglas N. Frazier on September 28, 2010 (Dkt. 36). The Magistrate Judge recommends that a default be entered against Defendants Arboretum Development, LLC, Clay Winfield, and Timothy Kaiser for failing to comply with orders directing them to retain counsel and/or to notify the Court of their intent to proceed without counsel (Dkt. 24, 35). No objections to the Report and Recommendation were filed, and the time to do so has now expired. After careful consideration of the Report and Recommendation of the Magistrate Judge in conjunction with an independent examination of the court file, the Court is of the opinion that the

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Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects. As such, defaults shall be entered against Defendants Arboretum Development, LLC, Clay Winfield, and Timothy Kaiser. ACCORDINGLY, it is hereby, ORDERED and ADJUDGED as follows: 1) The Report and Recommendation of the Magistrate Judge (Dkt. 36) is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review. 2) The Clerk is directed to enter a default against Defendants Arboretum Development, LLC, Clay Winfield and Timothy Kaiser. DONE AND ORDERED at Ft. Myers, Florida, on October 13, 2010.

COPIES TO: COUNSEL OF RECORD AND UNREPRESENTED PARTIES, IF ANY

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