Reyes Monterroso et al v. Carranza

Filing 32

ORDERED: United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. 31) is ACCEPTED and ADOPTED, and the findings incorporated herein. Plaintiffs' Motion for Default Judgment (Doc. 30) is GRANTED as to Counts I, III, and V. The Clerk is DIRECTED to enter default judgment against Defendant. The Court deems Counts II, IV, and VI abandoned. Signed by Judge Sheri Polster Chappell on 1/6/2025. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOSUE FRANCISCO REYES
MONTERROSO, CONCEPCION
MALAQUIAZ REYES
MONTERROSO and JENNIFER
GUADALUPE MARTINEZ
FERRER,
Plaintiffs,
v.

Case No.: 2:24-cv-420-SPC-KCD

HERNAN CARRANZA,
Defendant.

/
OPINION AND ORDER

Before the Court is Plaintiffs’ Motion for Default Judgment (Doc. 30) and
United States Magistrate Judge Kyle C. Dudek’s Report and Recommendation
(Doc. 31). Judge Dudek recommends that Plaintiffs’ motion be granted. No
party objected, so the matter is ripe for review.
After conducting a careful and complete review of the findings and
recommendations, a district judge “may accept, reject, or modify, in whole or
in part,” a magistrate judge’s report and recommendation. 28 U.S.C.
§ 636(b)(1)(C). In the absence of a specific objection, there is no requirement
that a district judge review a report and recommendation de novo. See Garvey
v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don’t

object, a district court need only correct plain error as demanded by the
interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 F. App’x
787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain
error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected
substantial rights”; and (4) “not correcting the error would seriously affect the
fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F.3d
1322, 1329 (11th Cir. 1999).
After careful consideration and an independent review of the case, the
Court finds no plain error.

It accepts and adopts the Report and

Recommendation in full.
Accordingly, it is now
ORDERED:
1. United States Magistrate Judge Kyle C. Dudek’s Report and
Recommendation (Doc. 31) is ACCEPTED and ADOPTED, and the
findings incorporated herein.
2. Plaintiffs’ Motion for Default Judgment (Doc. 30) is GRANTED as to
Counts I, III, and V.
3. The Clerk is DIRECTED to enter default judgment against
Defendant as follows:
a. $3,450 to Plaintiff Josue Francisco Reyes Monterroso;
b. $3,450 to Plaintiff Concepcion Malaquiaz Reyes Monterroso;
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c. $3,375 to Plaintiff Jennifer Guadalupe Martinez Ferrer; and
d. $3,160 in attorney’s fees and $927 in costs.
4. The Court deems Counts II, IV, and VI abandoned.
DONE and ORDERED in Fort Myers, Florida on January 6, 2025.

Copies: All Parties of Record

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