Thomas et al v. Carrington's Caring Angels, LLC et al

Filing 47

ORDER adopting Report and Recommendations re 42 Motion for Default Judgment filed by Agatha Thomas, Angel Dancil, Marie Edward. The motion for entry of default final judgment against Ronshai Davis is hereby DENIED without prejudice. Signed by Judge Virginia M. Hernandez Covington on 12/27/2017. (JAM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
AGATHA THOMAS,
MARIE EDWARD, and
ANGEL DANCIL, individually, and
as class representatives of others
similarly situated,
Plaintiffs,
v.

Case No. 8:17-cv-1586-T-33MAP

CARRINGTON’S CARING ANGELS, LLC,
STEPHANIE CARRINGTON, individually,
RONSHAI DAVIS, individually,
AAJA LOVE CARE, INC.,
a domestic corporation,
Defendants.
_______________________________/
ORDER
This matter is before the Court on consideration of
United States Magistrate Judge Mark A. Pizzo’s Report and
Recommendation

(Doc.

#

43),

filed

on

December

7,

2017,

recommending that the Plaintiffs’ motion for entry of default
final judgment against Defendant Ronshai Davis (Doc. # 42) be
denied without prejudice. 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. # 43) is ACCEPTED and
ADOPTED.

(2)

Plaintiffs’ motion for entry of default final judgment
against Defendant Ronshai Davis (Doc. # 42) is hereby
DENIED without prejudice.
DONE and ORDERED in Chambers in Tampa, Florida, this 27th

day of December, 2017.

-3-