Kennedy v. Bindi, Inc.

Filing 15

ORDER adopting 13 Report and Recommendation; denying 12 Motion for Default Judgment. Plaintiff is granted leave to file an Amended Complaint on or before May 28, 2018. Signed by Judge Paul G. Byron on 5/14/2018. (JRJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

PATRICIA KENNEDY,
Plaintiff,
v.

Case No: 6:17-cv-1579-Orl-40DCI

BINDI, INC.,
Defendant.
/
ORDER
This cause comes before the Court on Plaintiff’s Motion for Entry of Judgment After
Default and Verified Application for Attorney Fees, Costs, Expert Fees and Litigation
Expenses (Doc. 12), filed February 13, 2018. On April 26, 2018, Magistrate Judge Daniel
C. Irick submitted a report recommending that the motion be denied. (Doc. 13). No party
has objected to the Magistrate Judge’s Report and Recommendation and the time for
doing so has passed.
When litigants fail to object to a magistrate’s findings, the district court reviews the
report and recommendation for clear error. Garvey v. Vaugh, 993 F.2d 776, 779 n.9 (11th
Cir. 1993); Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL
355490, at *1 (M.D. Fla. Jan. 28, 2016). Upon review of the Report and Recommendation
for clear error, the Court has found none. Therefore, the Report is due to be adopted in
its entirety.
Accordingly, it is ORDERED and ADJUDGED that:
1. The Magistrate Judge’s April 26, 2018, Report and Recommendation is
ADOPTED AND CONFIRMED and made a part of this Order.

2. Plaintiff’s Motion for Entry of Default Judgment (Doc. 13) is DENIED.
3. Plaintiff is granted leave to file an Amended Complaint on or before May 28,
2018.
DONE AND ORDERED in Orlando, Florida on May 14, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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