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

Filing 44

ORDER Adopting Magistrate's Report and Recommendation; re 43 Report and Recommendations. Signed by Judge Ursula Ungaro on 9/9/2009. (asl)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-61189-CIV-UNGARO SCOTT SLUTZKY, Plaintiff, v. AUTOMOTIVE PARTS EXPRESS WAREHOUSE, INC. et al., Defendants. / ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION
T H IS CAUSE is before the Court upon Plaintiff's Notice of Filing Satisfaction of J u d g m e n t , filed on August 4, 2009. (D.E. 41.) The Honorable Andrea M. Simonton, United

States Magistrate Judge has issued a Report and Recommendation dated August 21, 2009 (D.E. 43), recommending that Defendant Mark Milwick be discharged from this Court's Contempt Order, entered on June 24, 2009 (D.E. 35). The parties have failed to file objections to the Report. See LoConte v. Dugger, 847 F.2d 145 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988) (holding the failure to file timely objections bars the parties from attacking factual findings on appeal). The matter is ripe for disposition. THIS COURT has made a de novo review of the entire file and record herein, and, being otherwise fully advised in the premises, it is hereby ORDERED and ADJUDGED that United States Magistrate Judge Simonton's Report and Recommendation of August 21, 2009 (D.E. 43), is RATIFIED, AFFIRMED and ADOPTED. It is further ORDERED AND ADJUDGED that Defendant Mark Milwick is DISCHARGED from the finding of contempt made on June 23, 2009 (D.E. 35). It is further ORDERED AND ADJUDGED that the bond issued pursuant to the Order of Contempt

following the arrest of Defendant Mark Milwick (D.E. 40) be exonerated. DONE AND ORDERED in Chambers at Miami, Florida, this 9th day of September, 2009.

URSULA UNGARO UNITED STATES DISTRICT JUDGE cc: Counsel of Record