Rincon et al v. Village of Palmetto Bay et al

Filing 196

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Granting 157 Motion for Summary Judgment filed; Affirming and Adopting 190 Report and Recommendations. Final Judgment is entered in favor of Defendants Evans, Dalton, and Zamorski as to Counts II and V. Signed by Judge Darrin P. Gayles on 11/30/2022. See attached document for full details. (jas)

Case 1:16-cv-22254-DPG Document 196 Entered on FLSD Docket 11/30/2022 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 1:16-cv-22254-DPG
CARMEN RINCON and CARLOS
RINCON, Personally, and as Personal
Representatives of the Estate of
Ethan Rincon, deceased,
Plaintiffs,
v.
MIAMI-DADE COUNTY, et al.,
Defendants.

_______________________________/
ORDER
THIS CAUSE comes before the Court on Magistrate Judge Chris McAliley’s Report and
Recommendation (the “Report”), [ECF No. 190], regarding Defendants’, Sergeant Victor Evans
(“Evans”) and Officers John Dalton (“Dalton”) and Brian Zamorski (“Zamorski”) (collectively,
“Defendants”), Motion for Summary Judgment (the “Motion”) [ECF No. 157]. The matter was
referred to Magistrate Judge McAliley, pursuant to 28 U.S.C. § 636(b)(1)(B), for a ruling on all
pre-trial matters. [ECF No. 88]. On June 8, 2022, Judge McAliley issued her report recommending
that Defendants’ Motion be granted. [ECF No. 190]. Plaintiffs filed timely objections to the
Report. [ECF No. 191]. For the reasons that follow, the Court affirms and adopts the Report.
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

Case 1:16-cv-22254-DPG Document 196 Entered on FLSD Docket 11/30/2022 Page 2 of 2

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).
Having conducted a de novo review of the record, including the Motion, the Report,
Plaintiffs’ objections, and Defendants’ response to the objections, the Court agrees with Judge
McAliley’s well-reasoned analysis and conclusion that Defendants’ Motion should be granted.
Accordingly, it is ORDERED AND ADJUDGED as follows:
(1)

Magistrate Judge McAliley’s Report and Recommendation, [ECF No. 190], is
AFFIRMED AND ADOPTED and incorporated into this Order by reference.

(2)

Defendants’ Motion, [ECF No. 157], is GRANTED.

(3)

Final Judgment is entered in favor of Defendants Evans, Dalton, and Zamorski as to
Counts II and V.

DONE AND ORDERED in Chambers at Miami, Florida, this 30th day of November, 2022.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE

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