Dyke v. Cafe Luna of Naples, Inc. et al

Filing 54

ORDER adopting the Report and Recommendation 53 is ACCEPTED and ADOPTED and the findings incorporated herein. The Clerk of Court is DIRECTED to enter Clerk's defaults against Defendants, Caf Luna of Naples, Inc., and Caf Luna East, LLC. Signed by Judge Sheri Polster Chappell on 8/30/2017. (LMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MELISSA VAN DYKE, Plaintiff, v. Case No: 2:16-cv-401-FtM-38CM CAFE LUNA OF NAPLES, INC., CAFE LUNA EAST, LLC, SHANNON RADOSTI and EDWARD BARSAMIAN, Defendant. / OPINION AND ORDER1 This matter comes before the Court on United States Magistrate Judge Carol Mirando’s Report and Recommendation. (Doc. 53). Judge Mirando recommends Clerk’s default be entered against Defendants Café Luna of Naples, Inc., and Café Luna East, LLC for failure to comply with Middle District of Florida Local Rule 2.03(e) and the Court’s Order (Doc. 50). Café Luna of Naples, Inc., and Café Luna East, LLC have not filed objections to the Report and Recommendation, and the time to do so has expired. A district judge “may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The district judge “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Id. And “[t]he judge 1 Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their websites. Likewise, the Court has no agreements with any of these third parties or their websites. The Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court. may also receive further evidenced or recommit the matter to the magistrate judge with instructions.” Id. After examining the file carefully and independently, and upon considering Judge Mirando’s findings and recommendations, the Court accepts and adopts the Report and Recommendation. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 53) is ACCEPTED and ADOPTED and the findings incorporated herein. 2. The Clerk of Court is DIRECTED to enter Clerk’s defaults against Defendants, Café Luna of Naples, Inc., and Café Luna East, LLC. DONE and ORDERED in Fort Myers, Florida this 29th day of August 2017. Copies: All Parties of Record 2

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