Hill v. Dinges et al

Filing 20

ORDER adopting 19 Report and Recommendation; granting, in part, and denying, in part, 12 Plaintiff's Motion for Entry of Final Default Judgment Against Defendants; directing the Clerk of the Court to enter default judgment in accordance with this Order and to close the file. Signed by Judge Marcia Morales Howard on 10/4/2021. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
GEORGE A. HILL, II,
vs.

Plaintiff,

Case No. 3:21-cv-165-MMH-PDB

ERIC L. DINGES, an individual,
and TRANSPARENT HOME
SERVICES, LLC, a Florida limited
liability company,
Defendants.
ORDER
THIS CAUSE is before the Court on the Report & Recommendation (Dkt.
No. 19; Report) entered by the Honorable Patricia D. Barksdale, United States
Magistrate Judge, on September 13, 2021. In the Report, Judge Barksdale
recommends that Plaintiff’s Motion for Entry of Final Default Judgment
Against Defendants and Incorporated Memorandum of Law in Support Thereof
(Dkt. No. 12) be granted; a permanent injunction be entered; and the Clerk of
the Court be directed to enter default judgment in favor of Plaintiff. See Report
at 15. 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 [a] magistrate judge” in a report and
recommendation. 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).
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 Report and Recommendation (Dkt. No. 19) is ADOPTED as the
opinion of the Court.
2. Plaintiff’s Motion for Entry of Final Default Judgment Against
Defendants and Incorporated Memorandum of Law in Support Thereof
(Dkt. No. 12) is GRANTED to the extent set forth in this Order.
Otherwise, the Motion is DENIED.
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3. Transparent Home Services, LLC, Eric Dinges, and anyone affiliated
or acting in concert with Transparent Home Services, LLC, Eric
Dinges, or both who receives actual notice of this order are
permanently enjoined from: a.) using the marks TRANSPARENT
HOME

BUILDING,

TRANSPARENT

HOME

BUILDERS,

TRANSPARENT HOME BUYERS, and any confusingly similar marks
in

connection

with

any

home-related

(including

any

home-

improvement, home-construction, home-repair, or home-financing)
business, website, domain name, advertisement, marketing campaign,
promotion, or sale of goods or services; b.) claiming or implying
connection to, association with, endorsement of, or approval by George
A. Hill, II, Transparent Home Builders, LLC, or Transparent Home
Buying, LLC; and c.) circumventing or otherwise avoiding the
prohibitions in this permanent injunction by actions such as effecting
assignments or transfers or forming new entities or associations.

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4. The Clerk of the Court is directed to enter default judgment in favor of
George A. Hill, II, and against Eric Dinges and Transparent Home
Services, LLC, and to close the case.
DONE AND ORDERED at Jacksonville, Florida, this 4th day of October,
2021.

ja
Copies to:
Counsel of Record
Pro Se Parties

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