Kennedy v. Orltell, LLC

Filing 16

ORDER adopting 14 REPORT AND RECOMMENDATIONS re 13 MOTION for default judgment against ORLTEL, LLC filed by Patricia Kennedy. Signed by Judge Roy B. Dalton, Jr. on 3/5/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
PATRICIA KENNEDY,
Plaintiff,
v.

Case No. 6:17-cv-2014-Orl-37TBS

ORLTELL, LLC,
Defendant.
_____________________________________
ORDER
Plaintiff initiated this action against Defendant alleging that it violated the
Americans with Disabilities Act (“ADA”). (Doc. 1.) Plaintiff filed proof of service (Doc.
10), but Defendant has yet to appear in this action. So Plaintiff sought entry of default,
which the Clerk entered on February 2, 2018. (Doc. 12.) Thereafter, Plaintiff moved for
default judgment and for attorney fees and costs. (Doc. 13 (“Motion”).) On referral,
U.S. Magistrate Judge Thomas B. Smith, recommends that the Court deny the Motion.
(Doc. 14 (“R&R”).)
As grounds, Magistrate Judge Smith identifies numerous deficiencies in the
Complaint that preclude the entry of default judgment, namely insufficient and
conclusory allegations concerning how Defendant has violated the ADA. (See id. at 4–5.)
No party objected to the R&R, and the time for doing so has now passed. 1 Absent

Plaintiff filed her Amended Complaint on February 26, 2018 (Doc. 15),
presumably to address the deficiencies identified in the R&R.
1

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objections, the Court has examined the R&R only for clear error. See 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); see
also Marcort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no clear error, the
Court concludes that the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Thomas B. Smith’s Report and Recommendation
(Doc. 14) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

Plaintiff’s Motion for Entry of Judgment after Default and Verified
Application for Attorney Fees, Costs, Expert Fees and Litigation Expenses
with Memorandum of Law in Support (Doc. 13) is DENIED.

DONE AND ORDERED in Chambers in Orlando, Florida, on March 5, 2018.

Copies to:
Counsel of Record

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