Federal Deposit Insurance Corporation v. Copenhaver et al

Filing 82

ORDER: The Report and Recommendation of Thomas B. McCoun III, United States Magistrate Judge 75 is ADOPTED. Defendants' Motion to Dismiss the Amended Complaint 33 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 6/4/2014. (KNC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

FEDERAL DEPOSIT INSURANCE
CORPORATION,
Plaintiff,
v.

Case No. 8:13-cv-2037-T-33TBM

EILEEN MANGANO, as Personal
Representative of the Estate
of RONALD H. COPENHAVER,
et al.,
Defendants.
____________________________/
ORDER
This matter is before the Court on consideration of the
Report and Recommendation of United States Magistrate Judge
Thomas B. McCoun III (Doc. # 75), filed on May 10, 2014,
recommending that Defendants Eileen Mangano, as Personal
Representative of the Estate of Ronald H. Copenhaver; Corey
J. Coughlin; Camden Ted French; Robert Wade Harris; John
Tzannetakis; Lisa Ulrich; and Michael Worthington’s Motion to
Dismiss the Amended Complaint (Doc. # 33) be denied.
On May 27, 2014, Defendants filed an objection to the
Magistrate Judge’s Report and Recommendation (Doc. # 78), and
Plaintiff

Federal

Deposit

Insurance

Corporation

filed

a

response to that objection on June 3, 2014 (Doc. # 80). Upon

due consideration, the Court overrules Defendants’ objection
and adopts the Report and Recommendation.
Discussion
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
reject

or

modify

recommendation.

28

the

magistrate

U.S.C.

§

judge’s

636(b)(1);

report

and

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-Hous.

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).
The Court has conducted an independent examination of
the file, and upon due consideration, the Court overrules the
objection, accepts the factual findings and legal conclusions

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of the Magistrate Judge, and adopts the recommendation of the
Magistrate Judge. The Report and Recommendation thoughtfully
addresses the issues presented, and the objection does not
provide a basis for rejecting the Report and Recommendation.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation of Thomas B. McCoun III,
United States Magistrate Judge (Doc. # 75) is ADOPTED.

(2)

Defendants Eileen Mangano, as Personal Representative of
the Estate of Ronald H. Copenhaver; Corey J. Coughlin;
Camden Ted French; Robert Wade Harris; John Tzannetakis;
Lisa Ulrich; and Michael Worthington’s Motion to Dismiss
the Amended Complaint (Doc. # 33) is DENIED.
DONE and ORDERED in Chambers in Tampa, Florida, this 4th

day of June, 2014.

Copies: All Counsel of Record

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