PGT Industries, Inc. v. Harris & Pritchard Contracting Services LLC et al

Filing 24

ORDER: The Report and Recommendation of Thomas G. Wilson, United States Magistrate Judge 21 is ACCEPTED AND ADOPTED.Defendant David M. Harris's Motion to Dismiss 6 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 8/7/2012. (MEB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PGT INDUSTRIES, INC.,
Plaintiff,
v.

Case No. 8:12-cv-358-T-33TGW

HARRIS & PRITCHARD CONTRACTING
SERVICES, LLC, ET AL.,
Defendants.
______________________________/
ORDER
This cause comes before the Court pursuant to the July
10, 2012, Report and Recommendation of Thomas G. Wilson,
United States Magistrate Judge (Doc. # 21), in which Judge
Wilson recommends that Defendant David M. Harris’s Motion to
Dismiss (Doc. # 6) be denied.

Judge Wilson conducted a

hearing

9,

on

the

Motion

on

July

2012.

(Doc.

#

20).

Defendant Harris filed timely objections to the Report and
Recommendation on July 24, 2012. (Doc. # 22). Plaintiff filed
a response in opposition to Defendant’s objections on August
7, 2012. (Doc. # 23).
After careful consideration and being fully advised in
the premises, the Court adopts the Report and Recommendation
of the Magistrate Judge and overrules the filed objections.

Discussion
A

district

judge

may

accept,

reject

or

magistrate judge’s report and recommendation.
636(b)(1);

modify

the

28 U.S.C. §

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.

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).
Upon due consideration of the entire record, including
the

Report

and

Recommendation,

the

objections

and

the

response, the Court overrules the objections, adopts the
Report and Recommendation and denies the Motion to Dismiss.
The Court agrees with Judge Wilson’s detailed and wellreasoned findings of fact and conclusions of law.

The Report

and Recommendation thoughtfully addresses the issues presented
during the motion hearing, and the objections do not provide
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a basis for rejecting the Report and Recommendation.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation of Thomas G. Wilson, United
States Magistrate Judge (Doc. # 21) is ACCEPTED AND
ADOPTED.

(2)

Defendant David M. Harris’s Motion to Dismiss (Doc. # 6)
is DENIED.
DONE and ORDERED in Chambers in Tampa, Florida, this 7th

day of August, 2012.

Copies: All Counsel of Record

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