In the Matter of: Tammy Tranter as owner of the Motor Vessel "Southern Vortex," a 47 foot 2004 Formula Thurnderbird bearing Hull Identification Number TNRD2634A304

Filing 16

ORDER adopting 15 REPORT AND RECOMMENDATIONS re 13 MOTION for default for Non-Filing of Claims and Entry of Default Judgment filed by Tammy Tranter, as Owner of the Motor Vessel "Southern Vortex," a 47 foot 2004 Fo rmula Thunderbird bearing Hul. The Report and Recommendation 15 is ACCEPTED and ADOPTED and the findings incorporated herein. The Plaintiff's Motion for Entry of Default and Default Final Judgment 13 is GRANTED in part such that a Clerk' ;s default shall be entered and DENIED without prejudice in part to the extent that Plaintiff's seeks default judgment. The Clerk of Court is DIRECTED to enter Clerk's default against ST Snook Bight Marina, LLC, Mouser Engineering, LLC, Dav id Denise, and all persons and entities who have failed to file claims or answers to the Verified Complaint. Plaintiff may file a renewed motion for entry of a default judgment after the entry of the Clerk's default. See Fed. R. Civ. P. 55(b). Signed by Judge Sheri Polster Chappell on 2/8/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN RE: TAMMY TRANTER, AS
OWNER OF THE MOTOR VESSEL
''SOUTHERN VORTEX,'' A 47 FOOT
2004 FORMULA THUNDERBIRD
BEARING HULL IDENTIFICATION
NUMBER TNRD2634A304

TAMMY TRANTER, AS OWNER OF
THE MOTOR VESSEL ''SOUTHERN
VORTEX,'' A 47 FOOT 2004 FORMULA
THUNDERBIRD BEARING HULL
IDENTIFICATION NUMBER
TNRD2634A304, Her Engines, Tackle,
Apparel and Appurtenances
Plaintiff,
v.

Case No: 2:17-cv-144-FtM-38MRM

UNKNOWN DEFENDANT,
Defendant.
/
ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy’s Report and Recommendation. (Doc. 15). Judge McCoy recommends that
Plaintiff’s Motion for Entry of Default and Default Final Judgment be granted in part and

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denied without prejudice in part. No objections to the Report and Recommendation have
been filed, and the time to do so has elapsed. This matter is now ripe for review.
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. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright,
681 F.2d 732 (11th Cir. 1982).

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, 28 U.S.C. § 636(b)(1)(C). The district judge
reviews legal conclusions de novo, even in the absence of an objection. See CooperHouston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After conducting an independent examination of the file and on consideration of
Judge McCoy’s findings and recommendation, the Court accepts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 15) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. The Plaintiff’s Motion for Entry of Default and Default Final Judgment (Doc. 13)
is GRANTED in part such that a Clerk’s default shall be entered and DENIED
without prejudice in part to the extent that Plaintiff’s seeks default judgment.

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3. The Clerk of Court is DIRECTED to enter Clerk’s default against ST Snook
Bight Marina, LLC, Mouser Engineering, LLC, David Denise, and all persons
and entities who have failed to file claims or answers to the Verified Complaint.
4. Plaintiff may file a renewed motion for entry of a default judgment after the entry
of the Clerk’s default. See Fed. R. Civ. P. 55(b).
DONE and ORDERED in Fort Myers, Florida this 8th day of February, 2018.

Copies: All Parties of Record

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