Nautilus Insurance Company v. A.J. Cardinal Group, LLC et al
ORDER: The Report and Recommendation (Doc. # 31) is accepted and adopted. Plaintiff's Motion for Default Final Judgment against Defendants A.J. Cardinal Group LLC and Andre Jennings, Sr. (Doc. # 28) is denied without prejudice. See Order for details. Signed by Judge Thomas P. Barber on 10/9/2019. (ANL)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
NAUTILUS INSURANCE COMPANY,
Case No. 8:18-cv-2778-T-60CPT
A.J. CARDINAL GROUP LLC d/b/a
EAGLE ONE SECURITY FORCE;
ANDRE JENNINGS, SR.; and
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on consideration of the report and
recommendation of Christopher P. Tuite, United States Magistrate Judge, entered on
August 1, 2019. (Doc. # 31). Judge Tuite recommends that Plaintiff’s Motion for Default
Final Judgment against Defendants A.J. Cardinal Group LLC and Andre Jennings, Sr.
(Doc. # 28) be denied without prejudice. Neither Plaintiff nor Defendants filed an
objection to the report and recommendation, and the time to object has expired.
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). 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) (table).
Upon due consideration of the record, including Judge Tuite’s report and
recommendation, the Court adopts the report and recommendation. The Court agrees
with Judge Tuite’s detailed and well-reasoned factual findings and legal conclusions.
Consequently, Plaintiff’s motion is denied without prejudice.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
The report and recommendation (Doc. # 31) is ACCEPTED and ADOPTED.
Plaintiff’s Motion for Default Final Judgment against Defendants A.J. Cardinal
Group LLC and Andre Jennings, Sr. (Doc. # 28) is DENIED WITHOUT
DONE and ORDERED in Chambers, in Tampa, Florida, this 9th day of October,
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