In the Matter of: Everglades Airboat Management, LLC, et al.,

Filing 28

OPINION AND ORDER adopting and incorporating 26 Report and Recommendations; granting 24 Motion to lift stay of state court proceedings. The injunction is lifted. The Clerk shall terminate all pending deadlines and administratively close the case pending notification by the parties as to the result of the state court proceedings. Signed by Judge John E. Steele on 1/21/2015. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN RE: EVERGLADES AIRBOAT
MANAGEMENT LLC and EVERGLADES
AIRBOAT RESORTS, LLC
Case No: 2:14-cv-380-FtM-29CM
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #26), filed
December 29, 2014, recommending that Claimant Stephen Palmer’s
Motion to Lift Stay of State Court Proceedings (Doc. #24) be
granted, the injunction restraining actions against petitioners be
lifted, and the case administratively closed.

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.

#26)

is

hereby

State

Court

adopted and the findings incorporated herein.
2.

Claimant's

Motion

to

Lift

Stay

of

Proceedings (Doc. #24) is GRANTED.
3.

The injunction and restraint on the institution and

prosecution

of

any

claims,

imposed

by

the

Order

Restraining

Prosecution of Claims (Doc. #9), is lifted.
4.

The Clerk shall terminate all pending deadlines and

administratively

close

this

case

pending

notification

by

the

parties as to the result of the state court proceedings.
DONE and ORDERED at Fort Myers, Florida, this
of January, 2015.

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21st

day

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

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