Wausau Underwriters Insurance Company v. Econosweep & Maintenance Services, Inc. et al
ORDER adopting 33 Report and Recommendation; denying 5 Defendant American Empire Surplus Lines Insurance Company's Motion to Dismiss. Signed by Judge Marcia Morales Howard on 1/12/2018. (JW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Case No. 3:17-cv-723-J-34JBT
ECONOSWEEP & MAINTENANCE
SERVICES, INC., et al.,
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 33;
Report), entered by the Honorable Joel B. Toomey, United States Magistrate Judge, on
November 30, 2017.
In the Report, Judge Toomey recommends that Defendant
American Empire Surplus Lines Insurance Company’s Motion to Dismiss Plaintiff’s
Complaint (Dkt. No. 5) be denied. See Report at 1, 7. 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 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
The Magistrate Judge’s Report and Recommendation (Dkt. No. 33) is
ADOPTED as the opinion of the Court.
Defendant American Empire Surplus Lines Insurance Company’s Motion to
Dismiss Plaintiff’s Complaint (Dkt. No. 5) is DENIED.
Defendant American Empire Surplus Lines Insurance Company shall
respond to the Complaint in accordance with the requirements of Rule 12 of
the Federal Rules of Civil Procedure.
DONE AND ORDERED in Jacksonville, Florida this 12th day of January, 2018.
Counsel of Record
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