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)
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
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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
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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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