Amtrust North America o/b/o Douglas Wainwright v. Sennebogen Maschinenafabrik GMBH
ORDER adopting 38 Report & Recommendation; granting 17 Defendant's Motion to Quash Service of Process and to Dismiss the Complaint to the extent that this case is dismissed without prejudice for lack of personal jurisdiction. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 9/10/2020. (JW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
AMTRUST NORTH AMERICA,
on behalf of Douglas Wainwright,
Case No. 3:19-cv-1004-J-34PDB
GMBH, d/b/a Sennebogen, LLC,
THIS CAUSE is before the Court on the Report & Recommendation (Dkt. No. 38;
Report) entered by the Honorable Patricia D. Barksdale, United States Magistrate Judge,
on August 25, 2020. In the Report, Judge Barksdale recommends that Defendant’s Motion
to Quash Service of Process and to Dismiss the Complaint for Lack of Personal Jurisdiction
(Dkt. No. 17) be granted in part and that this case be dismissed without prejudice for lack
of personal jurisdiction. See Report at 37. 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
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
1. The Report & Recommendation (Dkt. No. 38) is ADOPTED as the opinion of the
2. Defendant’s Motion to Quash Service of Process and to Dismiss the Complaint
for Lack of Personal Jurisdiction (Dkt. No. 17) is GRANTED to the extent that
this case is DISMISSED without prejudice for lack of personal jurisdiction.
3. The Clerk of the Court is directed to terminate any pending motions and close
DONE AND ORDERED at Jacksonville, Florida, this 10th day of September, 2020.
Counsel of Record
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