Deutsche Bank Trust Company Americas v. Gillis

Filing 115

ORDER adopting 114 REPORT AND RECOMMENDATIONS re 100 MOTION for Attorney Fees and Incorporated Memorandum of Law filed by Deutsche Bank Trust Company Americas, 99 MOTION for Attorney Fees and Incorporated Memorandum of Law filed by Erin Mae Rose. The Report and Recommendation 114 is ACCEPTED AND ADOPTED and the findings incorporated herein.Defendants Erin Mae Rose Quinn and Andrew Lee Fivecoat's Motion for Attorneys' Fees 99 is DENIED.Defendant De utsche Bank Trust Company Americas' Motion for Attorneys' Fees 100 is DENIED. Plaintiff Ronald P. Gillis' Motion for Injunction 103 is DENIED. The Clerk of Court is DIRECTED to enter judgment, terminate any pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 2/11/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RONALD P. GILLIS,
Plaintiff,
v.

Case No: 2:14-cv-418-FtM-38CM

DEUTSCHE BANK TRUST
COMPANY AMERICAS, ERIN MAE
ROSE QUINN and ANDREW LEE
FIVECOAT,
Defendants.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando's Report and Recommendation (Doc. #114) filed on January 26, 2016. Judge
Mirando recommends denying Defendants Erin Mae Rose Quinn and Andrew Lee
Fivecoat's Motion for Attorneys' Fees (Doc. #99); Defendant Deutsche Bank Trust
Company Americas' Motion for Attorneys' Fees (Doc. #100); and Plaintiff Ronald P. Gillis'
Motion for Injunction (Doc. #103).

The parties do not object to the Report and

Recommendation, and the time to do so has expired. This matter is ripe for review.
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. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright,

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681 F.2d 732 (11th Cir. 1982).

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 CooperHouston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After conducting an independent examination of the file and upon consideration of
Judge Mirando's findings and recommendations, the Court accepts the Report and
Recommendation (Doc. #114).
Accordingly, it is now ORDERED:
(1) The Report and Recommendation (Doc. #114) is ACCEPTED AND ADOPTED
and the findings incorporated herein.
(2) Defendants Erin Mae Rose Quinn and Andrew Lee Fivecoat's Motion for
Attorneys' Fees (Doc. #99) is DENIED.
(3) Defendant Deutsche Bank Trust Company Americas' Motion for Attorneys'
Fees (Doc. #100) is DENIED.
(4) Plaintiff Ronald P. Gillis' Motion for Injunction (Doc. #103) is DENIED.
(5) The Clerk of Court is DIRECTED to enter judgment, terminate any pending
motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 10th day of February, 2016.

Copies: All Parties of Record

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