Myrick v. The Distribution and Acquisition Network

Filing 18

ORDER: The Report and Recommendation 17 is ACCEPTED and ADOPTED. Plaintiff's Motion for Default Judgment Against Defendant 10 is granted to the extent that the Clerk is directed to enter a Default Judgment against Defendant in the amount o f $3,073.00. This amount includes statutory damages of $1,000.00, attorney's fees in the amount of $1,723.00, and costs in the amount of $350.00. These fees are to be awarded directed to Plaintiff, Mr. Myrick. After entry of Judgment, the Clerk shall CLOSE THE CASE. Signed by Judge Virginia M. Hernandez Covington on 6/1/2010. (KAK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ROBERT MYRICK, v. Plaintiff, Case No. 8:09-cv-1391-T-33TBM

THE DISTRIBUTION AND ACQUISITION NETWORK, Defendant. _______________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Thomas B. McCoun, III's Report and Recommendation (Doc. # 17), filed on April 28, 2010, recommending that Plaintiff's Motion for Default Judgment Against Defendant (Doc. # 10) be granted in part. As of this date, there are no objections to the report and recommendation, and the time for the parties to file such objections has elapsed. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and

recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no

requirement that a district judge review factual findings de

novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. §

636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994) (Table). After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the magistrate judge and the recommendation of the magistrate judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 17) is ACCEPTED and ADOPTED. (2) Plaintiff's Motion for Default Judgment Against Defendant (Doc. # 10) is granted to the extent that the Clerk is directed to enter a Default Judgment against Defendant in the amount of $3,073.00. This amount includes statutory damages of $1,000.00, attorney's fees in the amount of $1,723.00, and costs in the amount of $350.00.
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These

fees are to be awarded directed to Plaintiff, Mr. Myrick. After entry of Judgment, the Clerk shall CLOSE THE CASE. DONE and ORDERED in Chambers in Tampa, Florida, this 1st day of June 2010.

Copies: All Counsel and Parties of Record

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