Roth v. ABCW, LLC et al

Filing 30

OPINION AND ORDER adopting and incorporating 29 Report and Recommendations; striking 12 Answer and Affirmative Defenses. The Clerk shall enter a default against defendants. Plaintiff shall file a motion for default judgment within 60 days of this Order. Signed by Judge John E. Steele on 2/1/2016. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JAMES ROTH, an individual,
Plaintiff,
v.

Case No: 2:14-cv-227-FtM-29CM

ABCW, LLC, a Florida limited
liability corporation and
CATARINO
A.
BORREGO,
an
individual,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #29), filed
January

13,

2016,

recommending

that

defendants'

Answer

and

Affirmative Defenses (Doc. #12) be stricken, a default be entered
against defendants, and plaintiff be directed to move for a default
judgment.
expired.

No objections have been filed and the time to do so has
Copies were mailed to defendants on January 15, 2016.

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.

28 U.S.C. §

636(b)(1); 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.

#29)

is

hereby

adopted and the findings incorporated herein.
2.

Defendants' Answer and Affirmative Defenses (Doc. #12)

is STRICKEN.

The Clerk shall make a notation on the docket.

3.

The Clerk shall enter a default against defendants.

4.

Plaintiff

shall

file

a

motion

for

default

judgment

within SIXTY (60) DAYS of this Order pursuant to M.D. Fla. R.
1.07(b).
DONE and ORDERED at Fort Myers, Florida, this
January, 2016.

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1st

day of

Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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