Securities & Exchange Commission v. BIH Corporation et al
Filing
124
OPINION AND ORDER granting 113 Motion for entry of default; striking 61 Answer and Affirmative Defenses as to Baron International, Inc.; adopting and incorporating 122 Report and Recommendations. The Clerk shall enter a default against Baron International, Inc for failure to comply with the Court's Orders and retain counsel. Plaintiff shall move for a default judgment within 14 days of this Order. Signed by Judge John E. Steele on 10/19/2012. (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. #122), filed
September 28, 2012, recommending that plaintiff’s Motion for Entry
of clerk’s Default Against Relief Defendant Baron International,
Inc. (Doc. #113) be granted and the Answer and Affirmative Defenses
(Doc. #61) be stricken as to this defendant.
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. #122) is hereby
adopted and the findings incorporated herein.
2.
Plaintiff’s Motion for Entry of clerk’s Default Against
Relief Defendant Baron International, Inc. (Doc. #113) is granted
and the Answer and Affirmative Defenses (Doc. #61) is stricken as
to Baron International, Inc.
3.
The
Clerk
shall
enter
a
default
against
Baron
International Inc. for failure to comply with the Court’s Orders
and retain counsel.
-2-
4.
Plaintiff shall move for a default judgment against this
defendant within FOURTEEN (14) DAYS of this Order.
DONE AND ORDERED at Fort Myers, Florida, this
October, 2012.
Copies:
Hon. Douglas N. Frazier
United States Magistrate Judge
Counsel of Record
Unrepresented parties
-3-
19th
day of
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