Global Tech Led, LLC v. Hilumz International Corp. et al
Filing
125
OPINION AND ORDER adopting and incorporating 124 Report and Recommendations; dismissing defendants' 63 Second Amended Counterclaims and Third Party Claims Seeking Injunctive Relief. The Clerk shall enter judgment dismissing the third-p arty claims without prejudice and teriminate the Third Party Complaint and enter a default against defendants/third-party claimants Hilumz International Corp., Hilumz LLC and Hilumz USA LLC. Plaintiff shall file a motion for default judgment within 30 days of the entry of default. Signed by Judge John E. Steele on 9/22/2017. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GLOBAL TECH LED, LLC, a
Florida limited liability
company,
Plaintiff,
v.
Case No:
2:15-cv-553-FtM-29CM
HILUMZ INTERNATIONAL CORP.,
a
Georgia
corporation,
HILUMZ, LLC, and HILUMZ USA,
LLC,
a
Georgia
limited
liability company,
Defendants/Third
Party Plaintiffs
JEFFREY J.
MART, GARY
J. NEWMAN,
JEFFREY J.
NEWMAN, GARY K.
K. MART, JEFFREY
GARY K. MART and
NEWMAN,
Third Party Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #124), filed
August 28, 2017, recommending that defaults be entered against
Hilumz International Corp., Hilumz LLC and Hilumz USA LLC, and
that defendants' Second Amended Counterclaims and Third Party
Claims Seeking Injunctive Relief be dismissed.
been filed and the time to do so has expired.
No objections have
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).
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).
The
recommendation
comes
after
defendants/third-party
plaintiffs’ repeated failure to comply with Orders, and to retain
counsel.
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. #124) is hereby
adopted and the findings incorporated herein.
- 2 -
2.
The
Clerk
defendants/third-party
shall
enter
claimants
Hilumz
a
default
against
International
Corp.,
Hilumz LLC and Hilumz USA LLC.
3.
Defendants' Second Amended Counterclaims and Third Party
Claims Seeking Injunctive Relief (Doc. #63) is DISMISSED as to all
remaining counterclaims 1, and all third-party claims.
The Clerk
shall enter judgment dismissing the third-party claims without
prejudice and terminate the Third Party Complaint.
4.
Plaintiff
shall
file
a
motion
for
default
judgment
within THIRTY (30) DAYS of the entry of the default.
DONE and ORDERED at Fort Myers, Florida, this
22nd
day
of September, 2017.
Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties
1
On February 14, 2017, the Court dismissed False Ads 4, 5,
and 7 in Count I, and Counterclaim Count V with leave to amend.
(Doc. #109.)
- 3 -
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?