Pree et al v. Pickle Pro, LLC et al
Filing
31
OPINION AND ORDER adopting 30 Report and Recommendations. The 16 Answer and affirmative defenses are deemed stricken as to Pickle Pro, LLC, and the Clerk shall enter a default against this defendant. Plaintiffs shall file a motion for default judgment within 14 days of the entry of the default. Signed by Judge John E. Steele on 9/26/2017. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KANE PREE, an individual and
BLAKE PREE, an individual,
Plaintiffs,
v.
Case No:
2:17-cv-42-FtM-29CM
PICKLE PRO, LLC, a Florida
limited
liability
corporation and TODD PREE,
an individual,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #30), filed
September 6, 2017, recommending that a Clerk's default be entered
against defendant Pickle Pro, LLC, and that plaintiffs be directed
to thereafter seek a default judgment.
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).
Defendant Pickle Pro, LLC failed to comply with the Magistrate
Judge’s Orders directing Pickle Pro, LLC to retain new counsel.
(Docs. ## 28, 29.)
of
the
file
and
After conducting an independent examination
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.
#30)
is
hereby
adopted and the findings incorporated herein.
2.
The
Answer
and
Affirmative
Defenses
(Doc.
#16)
are
deemed stricken as to Pickle Pro, LLC, and the Clerk is directed
to enter a default against Pickle Pro, LLC.
- 2 -
3.
Plaintiffs shall file a motion for default judgment
against this defendant within FOURTEEN (14) DAYS of the entry of
the default by the Clerk.
DONE and ORDERED at Fort Myers, Florida, this
of September, 2017.
Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
26th
day
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