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)

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