United States of America v. $70,670.00 in U.S. Currency et al

Filing 104

ORDER Affirming and Adopting 92 Report and Recommendation of Magistrate Judge. Signed by Judge Darrin P. Gayles (ssd)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 15-cv-23616-GAYLES/TURNOFF

UNITED STATES OF AMERICA,
Plaintiff,
v.
$70,670.00 IN U.S. CURRENCY, et al.,
Defendants.
/

ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE comes before the Court on Magistrate Judge William C. Turnoff’s Report
and Recommendation [ECF No. 92] (the “Report”), entered on December 21, 2016. By Endorsed
Order entered on September 21, 2016 [ECF No. 65], this Court referred to Judge Turnoff Plaintiff
United States of America’s Motion for Order Compelling Putative Claimants to Show Cause Why
Their Claims Should Not Be Stricken [ECF No. 27] for a Report and Recommendation. Judge
Turnoff’s Report recommends that this Court deny Plaintiff’s motion. Plaintiff timely filed
objections to the Report [ECF No. 93], and Claimants responded to Plaintiff’s objections [ECF
No. 94].
A district court may accept, reject, or modify a magistrate judge’s report and
recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to
which objection is made are accorded de novo review, if those objections “pinpoint the specific
findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir.
2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which

no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v.
WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v.
Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006).
This Court, having conducted a de novo review of the record, concludes that the
Plaintiff’s objections are without merit. The Court agrees with Judge Turnoff’s well-reasoned
analysis and finds that Claimants have established a colorable interest in the seized property
sufficient to establish standing.
Accordingly, after careful consideration, it is ORDERED AND ADJUDGED as follows:
(1)

Judge Turnoff’s Report and Recommendation [ECF No. 92] is AFFIRMED
AND ADOPTED and incorporated into this Order by reference; and

(2)

Plaintiff United States of America’s Motion for Order Compelling Putative
Claimants to Show Cause Why Their Claims Should Not Be Stricken [ECF No. 27]
is DENIED.

DONE AND ORDERED in Chambers at Miami, Florida, this 23rd day of February, 2017.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE

2