Kondaur Capital Corp. v. Gaspareto

Filing 19

ORDER accepting the proposed resolution set forth in the 18 Report and Recommendation; granting, in part, and denying, in part, 14 Plaintiff's Motion for Remand. The Clerk of the Court is directed to remand this case and close the file. Signed by Judge Marcia Morales Howard on 1/4/2013. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

KONDAUR CAPITAL CORP.,
Plaintiff,
v.

Case No. 3:12-cv-750-J-99MMH-TEM

SAULO T. GASPARETO,
Defendant.
__________________________________/

ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 18;
Report), entered by the Honorable Thomas E. Morris, United States Magistrate Judge, on
November 14, 2012. In the Report, the Magistrate Judge recommends that Plaintiff’s Motion
for Remand (Dkt. No. 14) be granted, in part, and denied, in part, that this case be
remanded, and that Plaintiff’s request for attorney’s fees be denied. See Report at 7. No
objections to the Report have been filed, and the time for doing so has now passed.
The Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). If no specific
objections to findings of fact are filed, the district court is not required to conduct a de novo
review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see
also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de
novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United
States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615 at *1 (M.D. Fla. May 14,

2007).
Upon independent review of the file and for the reasons stated in the Magistrate
Judge’s Report, the Court will accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1.

The Court ACCEPTS the proposed resolution set forth in the Report and

Recommendation (Dkt. No. 18).
2.

Plaintiff’s Motion for Remand (Dkt. No. 14) is GRANTED, in part, and

DENIED, in part.
a.

The Motion is GRANTED to the extent that the Clerk of the Court is

DIRECTED to remand this case to the Circuit Court of the Fourth Judicial Circuit, in and for
Duval County, Florida, and to transmit a certified copy of this Order to the clerk of that court.
b.

The Motion is DENIED to the extent Plaintiff requests an award of

attorney’s fees.
3.

The Clerk is further directed to terminate all pending motions and deadlines

as moot, and close the file.
DONE AND ORDERED at Jacksonville, Florida, this 4th day of January, 2013.

ja
Copies to:
The Honorable Thomas E. Morris
United States Magistrate Judge
Counsel of Record
Pro Se Parties
Clerk of Court, Fourth Judicial Circuit