Mid-Continent Casualty Company v. Van Emmerik Custom Homes, Inc. et al

Filing 47

OPINION AND ORDER granting 45 Motion for default; adopting 46 Report and Recommendations. The Clerk shall enter a default against defendant Van Emmerik Custom Homes, Inc. for failure to retain counsel and comply with the Court's Orders, and plaintiff shall file a motion for default judgment within 14 days of the entry of the default. Signed by Judge John E. Steele on 7/17/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MID-CONTINENT
COMPANY,
a
corporation,

CASUALTY
foreign

Plaintiff,
v.

Case No:

2:16-cv-819-FtM-99MRM

VAN EMMERIK CUSTOM HOMES,
INC., a Florida corporation,
PRIYAJEEV
TRIKA,
an
individual, and JULIE TRIKA,
an individual,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #46), filed
June 29, 2017, recommending that the Application for Clerk's
Default Against Van Emmerik Custom Homes, Inc. be granted, and the
Clerk be directed to enter a default.

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).

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

two

Orders

were

issued

cautioning defendant of the potential consequence if no appearance
by counsel was entered within the time provided.

Defendant Van

Emmerik Custom Homes, Inc. failed to retain counsel, or to respond
to either Order.
the

file

and

After conducting an independent examination of
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.

#46)

is

hereby

adopted and the findings incorporated herein.
2.

Plaintiff's Application for Clerk's Default Against Van

Emmerik Custom Homes, Inc. (Doc. #45) is GRANTED.

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3.

The Clerk shall enter a default against defendant Van

Emmerik Custom Homes, Inc. for failure to retain counsel and comply
with the Court’s Orders.
4.

Plaintiff

shall

file

a

motion

for

default

judgment

within FOURTEEN (14) DAYS of the entry of the default.
DONE and ORDERED at Fort Myers, Florida, this
of July, 2017.

Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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17th

day