Primo Broodstock, Inc. v. American Mariculture, Inc. et al

Filing 242

OPINION AND ORDER denying 208 Motion for Leave to Amend the Complaint; adopting and incorporating 229 Report and Recommendations. Signed by Judge John E. Steele on 11/8/2019. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PB LEGACY,
Corporation
USA, LLC,

INC, a
and TB

Texas
FOODS

Plaintiffs,
v.

Case No:

2:17-cv-9-FtM-29NPM

AMERICAN MARICULTURE, INC.,
a
Florida
corporation,
AMERICAN PENAEID, INC., a
Florida
corporation,
and
ROBIN PEARL,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #229), filed
October 17, 2019, recommending that plaintiff's Motion for Leave
to

Amend

the

Amended

Complaint

(Doc.

#208)

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).

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 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.
Accordingly, it is now
ORDERED:
1.

The Report and Recommendation (Doc. #229) is hereby

adopted and the findings incorporated herein.
2.

Plaintiff's

Motion

for

Leave

to

Amend

the

Amended

8th

day of

Complaint (Doc. #208) is DENIED.
DONE and ORDERED at Fort Myers, Florida, this
November, 2019.

Copies:
Hon. Nicholas P. Mizell
United States Magistrate Judge
Counsel of Record

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