Frenchy's Corporate, Inc. v. Frenchy's Pizzeria & Tavern, Inc. et al

Filing 47

ORDER: The Report and Recommendation (Doc. # 46 ) is ACCEPTED and ADOPTED. Plaintiff's Motion to Reopen Case and for Order to Show Cause why Defendants should not be Held in Civil Contempt for Violating the Court's Order Granting a Permanent Injunction (Doc. # 27 ) is DENIED. Signed by Judge Virginia M. Hernandez Covington on 6/22/2018. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
FRENCHY’S CORPORATE, INC.,
Plaintiff,
v.

Case No. 8:18-cv-425-T-33JSS

FRENCHY’S PIZZERIA & TAVERN, INC.,
ET AL.,
Defendants.
_______________________________/
ORDER
This matter is before the Court on consideration of
United States Magistrate Judge Julie S. Sneed’s Report and
Recommendation

(Doc.

#

46),

filed

on

June

6,

2018,

recommending that the Plaintiff’s Motion to Reopen Case and
for Order to Show Cause why Defendants should not be Held in
Civil Contempt for Violating the Court’s Order Granting a
Permanent Injunction (Doc. # 27) be denied.

Neither party

filed an objection to the Report and Recommendation 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:
(1)

The Report and Recommendation (Doc. # 46) is ACCEPTED and
ADOPTED.

(2)

Plaintiff’s Motion to Reopen Case and for Order to Show
Cause why Defendants should not be Held in Civil Contempt
for Violating the Court’s Order Granting a Permanent
Injunction (Doc. # 27) is DENIED.
-2-

DONE and ORDERED in Chambers in Tampa, Florida, this 22nd
day of June, 2018.

-3-