Calkins et al v. USAA Casualty Insurance Company

Filing 65

OPINION AND ORDER adopting 40 Report and Recommendations; denying 16 plaintiffs' Motion for Leave of Court to File Amended Complaint Adding Punitive Damages. See Opinion and Order for details. Signed by Judge John E. Steele on 6/16/2016. (AMB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PAUL
CALKINS
CALKINS,

and

KELLEY

Plaintiffs,
v.

Case No: 2:15-cv-454-FtM-29CM

USAA
CASUALTY
COMPANY,

INSURANCE

Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #40), filed May
10, 2016, recommending that plaintiffs’ Motion for Leave of Court
to File Amended Complaint Adding Punitive Damages and Incorporated
Memorandum of Law in Support Thereof (Doc. #16) be denied.

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.

#40)

is

hereby

adopted and the findings incorporated herein.
2.

Plaintiffs' Motion for Leave of Court to File Amended

Complaint Adding Punitive Damages and Incorporated Memorandum of
Law in Support Thereof (Doc. #16) is DENIED.
DONE and ORDERED at Fort Myers, Florida, this __16th__ day of
June, 2016.

Copies:
Hon. Carol Mirando
United States Magistrate Judge

- 2 -

Counsel of Record
Unrepresented parties

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