Roca Labs, Inc. v. Consumer Opinion Corp. et al

Filing 56

ORDER: The Report and Recommendation of the Honorable Elizabeth A. Jenkins, United States Magistrate Judge 43 is ADOPTED. Roca Lab Inc.'s Verified Motion for Entry of a Temporary Injunction and Supporting Memorandum of Law 5 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 11/16/2014. (KBT)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ROCA LABS, INC.,
Plaintiff,
v.

Case No. 8:14-cv-2096-T-33EAJ

CONSUMER OPINION CORP., and
OPINION CORP.,
Defendants.
________________________________/
ORDER
This cause comes before the Court pursuant to the October
28,

2014,

Report

and

Recommendation

of

the

Honorable

Elizabeth A. Jenkins, United States Magistrate Judge, (Doc.
# 43), in which Judge Jenkins recommends that Plaintiff Roca
Lab Inc.’s Verified Motion for Entry of a Temporary Injunction
and Supporting Memorandum of Law (Doc. # 5) be denied. As of
this date, there has been no objection to the Report and
Recommendation, and the time for Roca Labs Inc. to file such
objection has passed.
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
Williams

and
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).
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 now
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation of the Honorable Elizabeth
A. Jenkins, United States Magistrate Judge (Doc. # 43)
is ADOPTED.

2

(2)

Roca Lab Inc.’s Verified Motion for Entry of a Temporary
Injunction and Supporting Memorandum of Law (Doc. # 5)
is DENIED.
DONE and ORDERED in Chambers in Tampa, Florida, this

16th day of November, 2014.

Copies:

All Counsel of Record

3