Badger Auctioneers, Inc. v. Ali et al

Filing 36

ORDER adopting 31 REPORT AND RECOMMENDATIONS, denying various motions and remanding matters to Judge Smith for reconsideration. Signed by Judge Gregory A. Presnell on 11/29/2016. Copies mailed.(LAM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
BADGER AUCTIONEERS, INC.,
Plaintiff,
v.

Case No: 6:16-cv-572-Orl-31TBS

ZAID ALI and MY FRESH MARKET
CORP.,
Defendants.

ORDER
On October 27, 2016, Magistrate Judge Thomas B. Smith issued his Report and
Recommendation (Doc. 31) recommending that various motions be denied, including Plaintiff’s
Amended Motions for Entry of Default Judgment (Docs. 22 and 23). Judge Smith’s ruling was
based on his finding that Plaintiff had not demonstrated that service on Defendants was attempted
at the Wickham Road address, and thus substitute service at the mailbox address was not proper.
On November 8, 2016, Plaintiff filed Objections to the Report and Recommendation (Doc.
32) contending that after diligent search, Plaintiff concluded that the Wickham Road address was
not viable for service of process. Accordingly, Plaintiff contends that substitute service at the
mailbox address was proper under these circumstances.
Upon consideration of the above, the Court concludes that this matter should be
REMANDED to Judge Smith to reconsider the motions for default judgment, in light of this new
evidence. It is, therefore,
ORDERED that Plaintiff’s objections are sustained as to Docs. 22 and 23, and the matter
is remanded to Judge Smith for further proceedings.

Since Defendants did not file objections to the Report and Recommendation, Magistrate
Judge Smith’s recommendation regarding Docs. 26, 27, and 28 is confirmed, and it is
FURTHER ORDERED that Defendants’ motions at Docs. 26, 27, and 28 are hereby
DENIED.
DONE and ORDERED in Chambers, Orlando, Florida on November 29, 2016.

Copies furnished to:
Counsel of Record
Unrepresented Party

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