Securities & Exchange Commission v. BIH Corporation et al

Filing 103

OPINION AND ORDER granting in part and denying in part 92 Motion for entry of default; adopting and incorporating 101 Report and Recommendations. The Clerk shall enter a default against defendants BIH Corporation and North Bay South Corporation, and relief defendants The Caddo Corporation and Beaver Creek Financial Corporation. The motion is denied as to Baron International, Inc. Signed by Judge John E. Steele on 6/25/2012. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
vs.

Case No.

2:10-cv-577-FtM-29DNF

BIH CORPORATION, WAYNE A. BURMASTER,
EDWARD A. HAYTER, NORTH BAY SOUTH
CORPORATION,
BIMINI
REEF
REAL
ESTATE, INC., RIVERVIEW CAPITAL
INC., CHRISTPHER L. ASTROM, DAMIAN
B. GUTHRIE, BARON INTERNATIONAL
INC., THE CADDO CORPORATION, BEAVER
CREEK FINANCIAL CORPORATION,
Defendants.
___________________________________
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #101), filed May
30, 2012, recommending that plaintiff’s Motion for Entry of Clerk’s
Default (Doc. #92) be granted in part and denied in part, a Clerk’s
default be entered against defendants BIH Corporation and North Bay
South Corporation, and relief defendants The Caddo Corporation and
Beaver Creek Financial Corporation, and that the motion be denied
as to defendant Baron International, Inc.

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. #101) is hereby

adopted and the findings incorporated herein.
2. Plaintiff’s Motion for Entry of Clerk’s Default (Doc. #92)
is granted in part and denied in part.

The motion is granted as to

defendants BIH Corporation and North Bay South Corporation, and
relief defendants The Caddo Corporation and Beaver Creek Financial
Corporation,

and

the

motion

is

International, Inc.

-2-

denied

as

to

defendant

Baron

3.

The Clerk shall enter a default against defendants BIH

Corporation and North Bay South Corporation, and relief defendants
The Caddo Corporation and Beaver Creek Financial Corporation.
DONE AND ORDERED at Fort Myers, Florida, this
June, 2012.

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

-3-

25th

day of