Axiom Worldwide, Inc. v. HTRD Group Hong Kong Limited et al

Filing 765

ORDER: The report and recommendation #758 is ACCEPTED and ADOPTED. Defendant Excite Medical Corp.'s Verified Motion for Order to Show Cause Why Axiom Worldwide, Inc. Should Not be Held in Contempt for Violation of the Court's Order on Confidentiality, #729 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 12/8/2015. (NM)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION AXIOM WORLDWIDE, INC., Plaintiff, v. Case No. 8:11-cv-1468-T-33TBM HTRD GROUP HONG KONG LIMITED, et al., Defendants. ______________________________/ ORDER This matter is before the Court upon consideration of the report and recommendation of the Honorable Thomas B. McCoun III, United States Magistrate Judge (Doc. # 758), which was filed on November 19, 2015, recommending that Defendant Medical Excite Medical Corp.’s Verified Motion for Order to Show Cause Why Axiom Worldwide, Inc. Should Not be Held in Contempt for Violation of the Court’s Confidentiality, (Doc. # 729) be denied. Order on 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 recommendation. the 28 magistrate U.S.C. § judge’s 636(b)(1); report and Williams v. Wainwright, 681 F.2d 732, 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. U.S.C. § 636(b)(1)(C). 28 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). 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 hereby ORDERED, ADJUDGED, and DECREED: (1) The report and recommendation (Doc. # 758) is ACCEPTED and ADOPTED. (2) Defendant Excite Medical Corp.’s Verified Motion for Order to Show Cause Why Axiom Worldwide, Inc. Should Not be Held in Contempt for Violation of the Court’s Order on Confidentiality, (Doc. # 729 ) is DENIED. DONE and ORDERED in Chambers in Tampa, Florida, this 8th day of December, 2015.

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