Herb Reed Enterprises, LLC v. The World Famous Platters Road Shows I LLC et al

Filing 36

ORDER adopting and incorporating 35 REPORT AND RECOMMENDATIONS re 11 MOTION for preliminary injunction filed by Herb Reed Enterprises, LLC. See order for details. Signed by Judge Elizabeth A. Kovachevich on 2/21/2014. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

HERB REED ENTERPRISES, LLC,
Plaintiff,

vs.

CASE NO. 8:14-CIV-56-T-17-AEP

THE WORLD FAMOUS PLATTERS
ROAD SHOWS I LLC, et al.,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION

This cause is before the Court on the report and recommendation (R&R) issued by
Magistrate Judge Anthony E. Porcelli on February 7, 2014 (Doc. 35). The magistrate judge
recommended that the motion for preliminary injunction (Doc. 11) be granted as to all
defendants except Yolanda Fletcher and the security requirement of Rule 56(c), Fed.R.Civ.P
be waived.
STANDARD OF REVIEW
When a party makes a timely and specific objection to a finding of fact in the report
and recommendation, the district court should make a de novo review of the record with
respect to that factual issue. 28 U.S.C. § 636(b)(1); U.S. v. Raddatz, 447 U.S. 667 (1980);
Jeffrey S. v. State Board of Education of State of Georgia, 896 f.2d 507 (11th Cir. 1990).
However, when no timely and specific objections are filed, case law indicates that the court
should review the findings using a clearly erroneous standard. Gropp v. United Airlines,
Inc., 817 F.Supp. 1558, 1562 (M.D. Fla. 1993).

The Court has reviewed the report and recommendation and made an independent
review of the record. Upon due consideration, the Court concurs with the report and
recommendation. Accordingly, it is
ORDERED that the report and recommendation (Doc. 35) be adopted and
incorporated by reference; the motion for preliminary injunction (Doc. 11) be granted as to
all defendants except Yolanda Fletcher and the security requirement of Rule 56(c),
Fed.R.Civ.P be waived.
DONE and ORDERED in Chambers, in Tampa, Florida, this 21st day of
February, 2014.

Copies to:
All parties and counsel of record
Assigned Magistrate Judge

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