Malibu Media, LLC v. Doe

Filing 19

ORDER: The Report and Recommendation of Elizabeth A. Jenkins, United States Magistrate Judge 16 is ADOPTED. Defendant John Doe's Omnibus Motion to Dismiss Action with Motion to Quash Non-Party Subpoenas or Enter Protective Order 8 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 8/27/2014. (KNC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

MALIBU MEDIA, LLC,
Plaintiff,
v.

Case No. 8:14-cv-659-T-33EAJ

JOHN DOE subscriber assigned
IP address 24.94.99.165,
Defendant.
____________________________/
ORDER
This matter is before the Court on consideration of the
Report and Recommendation of United States Magistrate Judge
Elizabeth A. Jenkins (Doc. # 16), filed on July 29, 2014,
recommending that Defendant John Doe’s Omnibus Motion to
Dismiss Action with Motion to Quash Non-Party Subpoenas or
Enter Protective Order (Doc. # 8) be denied.
On August 12, 2014, Defendant John Doe filed an objection
to the Magistrate Judge’s Report and Recommendation (Doc. #
17), and Plaintiff Malibu Media, LLC, filed a response to
that objection on August 26, 2014 (Doc. # 18). Upon due
consideration, the Court overrules Defendant’s 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
of the Magistrate Judge, and adopts the recommendation of the
Magistrate Judge. The Report and Recommendation thoughtfully

2

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 Elizabeth A. Jenkins,
United States Magistrate Judge (Doc. # 16) is ADOPTED.

(2)

Defendant John Doe’s Omnibus Motion to Dismiss Action
with

Motion

to

Quash

Non-Party

Subpoenas

or

Enter

Protective Order (Doc. # 8) is DENIED.
DONE and ORDERED in Chambers in Tampa, Florida, this
27th day of August, 2014.

Copies: All Counsel of Record

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