Lancaster et al v. Bottle Club, LLC et al

Filing 168

ORDER adopting 154 REPORT AND RECOMMENDATIONS re 118 MOTION for temporary restraining order with Asset Freeze and Motion to Disqualify M. Sean Moyles and Defendants' Bankruptcy Attorney as Counsel for all Defendants. The motion is hereby DENIED. Signed by Judge Virginia M. Hernandez Covington on 3/9/2018. (JAM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
AMBER LANCASTER,
et al.,
Plaintiffs,
v.

Case No.: 8:17-cv-634-T-33JSS

THE BOTTLE CLUB, LLC, EYES WIDE
SHUT, LLC, BYOB CLUB, INC.,
ANDREW HARROW and SUSAN HARROW,
Defendants.
_____________________________/
ORDER
This matter is before the Court on consideration of
United States Magistrate Judge Julie S. Sneed’s Report and
Recommendation (Doc. # 154), filed on February 21, 2018,
recommending

that

the

Plaintiffs’

Petition

for

Ex

Parte

Temporary Restraining Order With Asset Freeze and Motion to
Disqualify M. Sean Moyles and Defendants’ Bankruptcy Attorney
as Counsel for All Defendants (Doc. # 118) be denied. As of
the date of this Order, no objections to the Report and
Recommendation have been filed and the time for objections has
now passed.
Discussion
After conducting a careful and complete review of the

findings and recommendations, a district judge may accept,
reject

or

modify

the

magistrate

judge’s

report

and

recommendation. 28 U.S.C. § 636(b)(1); 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-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).
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:

-2-

(1)

The Report and Recommendation (Doc. # 154) is ACCEPTED
and ADOPTED.

(2)

Plaintiffs’ Petition for Ex Parte Temporary Restraining
Order With Asset Freeze and Motion to Disqualify M. Sean
Moyles and Defendants’ Bankruptcy Attorney as Counsel for
All Defendants (Doc. # 118) is hereby DENIED.
DONE and ORDERED in Chambers in Tampa, Florida, this 9th

day of March, 2018.

-3-