Slutzky v. Automotive Parts Express Warehouse, Inc. et al

Filing 43

REPORT AND RECOMMENDATIONS Recommending Discharge of Contempt Order (35) and Exoneration of Personal Surety Bond (40). Objections to R&R due by 9/8/2009. Signed by Magistrate Judge Andrea M. Simonton on 8/21/2009. (par)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-61189-CIV-UNGARO/SIMONTON SCOTT SLUTZKY, Plaintiff, v. AUTOMOTIVE PARTS EXPRESS WAREHOUSE, INC., et al., Defendants. /

REPORT RECOMMENDING DISCHARGE OF CONTEMPT ORDER AND EXONERATION OF PERSONAL SURETY BOND Based upon Plaintiff's Notice of Filing Satisfaction of Judgment (DE # 41), it appears that the Defendant Mark Milwick has purged himself of the Contempt Order requiring him to appear at his deposition or to satisfy the judgment (DE ## 33, 35). It is therefore RECOMMENDED that the Defendant be discharged from the finding of contempt made on June 24, 2009 (DE # 35), and that the bond that was issued pursuant to the Order of Contempt following the arrest of the Defendant (DE # 40) be exonerated.

The parties will have ten days from the date of service of this Order within which to file written objections, if any, for consideration by the United States District Judge to w hom this case is assigned. Failure to file objections timely shall bar the parties from attacking on appeal any factual findings contained herein. LoConte v. Dugger, 847 F.2d

745 (11th Cir. 1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). DONE AND SUBMITTED in chambers in Miami, Florida on August 21, 2009.

ANDREA M. SIMONTON UNITED STATES MAGISTRATE JUDGE Copies furnished to: All counsel of record, via CM/ECF Mark Milwick and Automotive Parts Express Warehouse, Inc. 3670 NW 16th Street Lauderhill, Florida 33311