Stuart C. Irby Company v. Western Surety Company et al

Filing 74

OPINION AND ORDER denying 66 Motion for Leave to File Amended Answer; adopting and incorporating 73 Report and Recommendations. Signed by Judge John E. Steele on 3/29/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
STUART C. IRBY COMPANY,
Plaintiff,
v.

Case No: 2:16-cv-211-FtM-29CM

BC POWER, INC.,
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #73), filed
March 14, 2017, recommending that the Motion for Leave to File
Amended Answer (Doc. #66) 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).
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 agrees that BC Power, Inc. failed to show good cause to
amend at this late stage of the proceedings, and reaffirms the
January 9, 2017 Opinion and Order (Doc. #61, p. 3) finding that
“BC Power waived these affirmative defenses and the time to amend
pleadings has long since passed.”
Accordingly, it is now
ORDERED:
1.

The

Report

and

Recommendation

(Doc.

#73)

is

hereby

adopted and the findings incorporated herein.
2.

BC Power, Inc.'s Motion for Leave to File Amended Answer

(Doc. #66) is DENIED.
DONE and ORDERED at Fort Myers, Florida, this
of March, 2017.

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

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