Alban Osio et al v. Maduro Moros et al

Filing 58

ORDER ADOPTING 56 REPORT AND RECOMMENDATION: Granting 46 Motion for Default Judgment Against Defendant Cartel of the Suns, filed by Maria Fernanda Alban Osio, Fernando Alban Osio, Meudy Alban Osio. Certificate of Appealability: No Ruling. Signed by Judge Darrin P. Gayles on 9/15/2022. See attached document for full details. (scn)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 1:21-cv-20706-GAYLES/TORRES MEUDY ALBÁN OSIO in her personal capacity and in her capacity as the personal representative of the Estate of FERNANDO ALBERTO ALBÁN, FERNANDO ALBÁN OSIO, and MARIA FERNANDA ALBÁN OSIO, v. Plaintiffs, NICOLAS MADURO MOROS; FUERZAS ARMADAS REVOLUCIONARIAS DE COLOMBIA (“FARC”); THE CARTEL OF THE SUNS A.K.A. CARTEL DE LOS SOLES; VLADIMIR PADRINO LOPEZ; MAIKEL JOSE MORENO PEREZ; NESTOR LUIS REVEROL TORRES; and TAREK WILLIAM SAAB, Defendants. ___________________________________/ ORDER THIS CAUSE comes before the Court on Chief Magistrate Judge Edwin G. Torres’s Report and Recommendation (the “Report”), [ECF No. 56], regarding Plaintiffs’ Motion for Default Judgement Against Defendant Cartel of the Suns. [ECF No. 46]. On October 5, 2021, the Court referred this case to Judge Torres, pursuant to 28 U.S.C. § 636(b)(1)(B), for a ruling on Plaintiffs’ Motion. [ECF No. 48]. On September 5, 2022, Judge Torres issued his Report recommending that Plaintiff’s motion for default judgement be granted. [ECF No. 56]. No objections were filed by either party. 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 objections are 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 objections are 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 reviewed the Report for clear error, the Court agrees with Judge Torres’s wellreasoned analysis and conclusion that the Motion should be granted. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Chief Magistrate Judge Edwin G. Torres’s Report and Recommendation, [ECF No. 56], is AFFIRMED AND ADOPTED and incorporated into this Order by reference. 2. Plaintiff’s Motion for Default Judgement Against Defendant Cartel of the Suns, [ECF No. 46], is GRANTED. 3. In accordance with Federal Rule of Civil Procedure 58, final judgment shall be entered separately. 2022. DONE AND ORDERED in Chambers at Miami, Florida, this 15th day of September, ________________________________ DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE 2

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