Freedom Marine Sales, LLC v. Topitzhofer et al

Filing 30

ORDER adopting the Magistrate Judge's 29 Report and Recommendation with respect to Plaintiff's 28 Amended Motion for Default Judgment. The Clerk is directed to enter judgment in favor of Freedom Marine Sales, LLC, consistent with this Order, to terminate any pending motions and deadlines, and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 3/27/2024. (ZG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
FREEDOM MARINE SALES, LLC,
Plaintiff,
v.

Case No. 8:23-cv-00660-KKM-AEP

TIM TOPITZHOFER,
UNKNOWN TENANT,
and M/V Dacotah, A 38’ Motoryacht Bayliner,
her engines, tackle, apparel, furniture, equipment
and all other necessaries appertaining and belonging,
in rem,
Defendants.
ORDER
On March 4, 2024, the Magistrate Judge entered a Report and Recommendation,
recommending that Plaintiff Freedom Marine Sales, LLC,’s amended motion for default
judgment be granted. See Am. Mot. for Default Judgment (Doc. 28); R&R (Doc. 29).
The deadline to object to the Magistrate Judge’s Report and Recommendation has passed
without either party lodging an objection. 28 U.S.C. § 636(b)(1)(C); FED. R. CIV. P.

72(b). Considering the record, the Court adopts the Report and Recommendation for the
reasons stated therein.

After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify a magistrate judge’s Report
and Recommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and specific objection
to a finding of fact by a magistrate judge, the district court must conduct a de novo review
with respect to that factual issue. Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir.
1992). The district court 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);

Ashworth v. Glades Cnty. Bd. of Cnty. Comm’rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla.
2019).
In the absence of any objection and after reviewing the factual allegations and legal
conclusions, the Court adopts the Report and Recommendation in full.
Accordingly, it is ORDERED:
1.

The Magistrate Judge’s Report and Recommendation (Doc. 29) is
ADOPTED and made a part of this Order for all purposes.

2.

The Clerk is DIRECTED to ENTER JUDGMENT in favor of Freedom
Marine Sales, LLC, and against Tim Topitzhofer and M/V Dacotah for the
amount of $6,162.63 plus statutory interest and reserving jurisdiction for an
amount of attorneys’ fees and costs.

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3.

The Clerk is DIRECTED to ENTER JUDGMENT in rem against M/V
Dacotah recognizing Freedom Marine’s maritime lien for trespass.

4.

The U.S. Marshal is directed to conduct the sale of the Vessel, her engines,
tackle, apparel, furniture, equipment, appurtenances, and all other
necessaries thereunto appertaining and belonging to the Vessel, in
accordance with Rule E(9) of the Supplemental Admiralty Rules and the
Local Admiralty and Maritime Practice Manual 5(r).

5.

Freedom Marine is granted permission to credit bid its judgment at the
public sale of the Vessel.

6.

The Clerk is directed to terminate any pending motions and deadlines and
to CLOSE this case.

ORDERED in Tampa, Florida, on March 27, 2024.

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