Johnson v. Critical Resolution Mediation LLC et al

Filing 21

ORDER adopting 20 Report and Recommendation; granting, in part, and denying, in part, 15 Plaintiff's Motion for Default Judgment. The Clerk of the Court is directed to enter judgment in accordance with this Order and close the file. Signed by Judge Marcia Morales Howard on 6/14/2017. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
TAWANDA JOHNSON,
Plaintiff,
Case No. 3:16-cv-632-J-34MCR
vs.
CRITICAL RESOLUTION MEDIATION
LLC and BRIAN MCKENZIE,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Magistrate Judge Monte C. Richardson’s
Report and Recommendation (Doc. 20; Report), entered on April 24, 2017, recommending
that Plaintiff’s Motion for Default Judgment (Doc. 15; Motion) be granted in part and denied
in part. To date, no objections to the Report have been filed, and the time for doing so has
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 facts 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. S. 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).

Based upon an independent examination of the record and a de novo review of the
legal conclusions, the Court finds that there is no clear error on the face of the record and
it will accept the recommendation of Judge Richardson for the reasons stated in the Report.
Accordingly, it is hereby ORDERED:
1. Magistrate Judge Monte C. Richardson’s Report and Recommendation (Doc.
20; Report) is ADOPTED as the opinion of the Court.
2. Plaintiff’s Motion for Default Judgment (Doc. 15; Motion) is GRANTED in part,
and DENIED in part.
3. The Motion is GRANTED to the extent that Plaintiff is awarded $1,000.00 in
statutory damages, $3,710.00 in attorneys’ fees, and $510.00 in costs, for a total
award of $5,220.00. In all other respects, the Motion is DENIED.
4. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff, Tawanda
Johnson, and against Defendants, Critical Resolution Mediation LLC and Brian
McKenzie, to terminate any pending motions, and to close the file.
DONE AND ORDERED at Jacksonville, Florida, this 14th day of June, 2017.

i37
Copies to:

The Honorable Monte C. Richardson
United States Magistrate Judge
Counsel of Record

2