Wildstein v. Cheyenne Holdings, Inc.

Filing 14

ORDER denying as moot 10 Motion for final default judgment; Finding as moot 11 Report and Recommendations; Denying 12 Amended Motion for final judgment; Adopting Report and Recommendations - re 13 Report and Recommendations. The Clerk is DIRECTED to transfer this case to the United States District Court for the Southern District of Florida for all further proceedings and to close this file. Signed by Judge Carlos E. Mendoza on 12/19/2016. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

PHILIP WILDSTEIN,
Plaintiff,
v.

Case No: 6:16-cv-336-Orl-41TBS

CHEYENNE HOLDINGS, INC.,
Defendant.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Amended Motion for Final Judgment
(“Amended Motion,” Doc. 12). United States Magistrate Judge Thomas B. Smith submitted a
Report and Recommendation (“August 9, 2016 R&R,” Doc. 13), in which he recommends that the
Amended Motion be denied and this case be dismissed or transferred for lack of venue.
On June 29, 2016, Plaintiff filed a Motion for Final Default Judgment (Doc. 10). Magistrate
Judge Smith issued a Report and Recommendation (“July 5, 2016 R&R,” Doc. 11), recommending
that the motion be denied and that Plaintiff be given leave to amend his Complaint. Before the
Court could address the July 5, 2016 R&R, however, Plaintiff filed the Amended Motion.
Accordingly, both Plaintiff’s first motion and the July 5, 2016 R&R have been rendered moot.
After a de novo review of the record, and noting that no objections were timely filed, this
Court agrees with the analysis in the August 9, 2016 Report and Recommendation. Additionally,
this Court finds that because of the nature of the claims asserted in the Complaint (Doc. 1), it is in
the interests of justice to transfer this case to the Southern District of Florida.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The July 5, 2016 Report and Recommendation (Doc. 11) is MOOT.

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2. Plaintiff’s Motion for Final Default Judgment (Doc. 10) is DENIED as moot.
3. The August 9, 2016 Report and Recommendation (Doc. 13) is ADOPTED and
CONFIRMED and made a part of this Order.
4. Plaintiff’s Amended Motion for Final Judgment (Doc. 12) is DENIED.
5. The Clerk is DIRECTED to transfer this case to the United States District Court
for the Southern District of Florida for all further proceedings and to close this file.
DONE and ORDERED in Orlando, Florida on December 19, 2016.

Copies furnished to:
Counsel of Record

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