Whetsell v. M&M Realty Solutions, LLC et al

Filing 25

OPINION AND ORDER adopting and incorporating 23 Report and Recommendations. The Clerk shall enter defaults against both defendants, and make a notation that the 13 Answer is stricken. Plaintiff shall seek a default judgment within 60 days of the entry of defaults. Signed by Judge John E. Steele on 5/18/2015. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION RONALD WHETSELL, individual, an Plaintiff, v. Case No: 2:14-cv-316-FtM-29DNF M&M REALTY SOLUTIONS, LLC, a Florida limited liability company and ANGEL GONZALEZ, an individual, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #23), filed April 27, 2015, recommending that defaults be entered against defendants Angel Gonzalez and M & M Realty Solutions, LLC. 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. 28 U.S.C. § 636(b)(1)(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. The Court will also strike the Answer filed by defendants. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #23) is hereby adopted and the findings incorporated herein. 2. The Clerk is directed to enter defaults against both defendants. 3. Based on the defaults, the Answer to Amended Complaint (Doc. #13) is stricken and the Clerk shall make a notation on the docket. 4. Plaintiff shall seek a default judgment within SIXTY (60) DAYS of the entry of the defaults. DONE and ORDERED at Fort Myers, Florida, this of May, 2015. - 2 - 18th day Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties - 3 -

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