Anguelov v. Event Parking, Inc. et al

Filing 38

OPINION AND ORDER adopting and incorporating 37 Report and Recommendations; striking 17 Amended Answer and defenses. The Clerk shall make a notation on the docket and enter a default against defendants. Plaintiff shall file a motion for a default judgment within 14 days of this Order. Signed by Judge John E. Steele on 1/17/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KALOYAN
ANGUELOV,
for
himself and on behalf of
those similarly situated,
Plaintiff,
v.

Case No: 2:16-cv-273-FtM-99CM

EVENT
PARKING,
INC.,
a
Florida profit corporation
and
KENNETH
BENSON,
individually,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #37), filed
December 28, 2016, recommending that a Clerk's Default be entered
against both defendants.

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

the

withdrawal

of

counsel,

the

Magistrate

Judge

provided an extension of time for defendants to comply with the
August 1, 2016 Order (Doc. #27) permitting the withdrawal by filing
an appearance (Kenneth Benson) and by appearing through new counsel
(Event Parking, Inc.).

(Doc. #34.)

On November 29, 2016, finding

no appearances by defendants, the Magistrate Judge issued an Order
to show cause.

(Doc. #35.)

Finding no response or appearance,

the Report and Recommendation was issued.

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, and will further strike
the Amended Answer and Defenses (Doc. #17) filed by counsel prior
to withdrawal.
Accordingly, it is now
ORDERED:
1.

The

Report

and

Recommendation

(Doc.

adopted and the findings incorporated herein.

- 2 -

#37)

is

hereby

2.

Defendants’ Amended Answer and Defenses (Doc. #17) are

hereby stricken.

The Clerk shall make a notation on the docket

and enter a default against defendants Event Parking, Inc. and
Kenneth Benson.
3.

Plaintiff

shall

file

a

motion

for

default

judgment

within FOURTEEN (14) DAYS of this Order.
DONE and ORDERED at Fort Myers, Florida, this
of January, 2017.

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

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17th

day