Infinity Auto Insurance Company v. Potter et al, No. 2:2008cv00529 - Document 23 (M.D. Fla. 2009)
Court Description: OPINION AND ORDER granting 21 Motion for sanctions; adopting and incorporating 22 Report and Recommendations. The Clerk is directed to enter a default against defendant Patricia Potter. Signed by Judge John E. Steele on 2/2/2009. (RKM)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION INFINITY AUTO INSURANCE COMPANY, Plaintiff, vs. Case No. 2:08-cv-529-FtM-29DNF PATRICIA POTTER, WILLIAM SEGRUE, and FRANCIS MCMANUS, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #22), filed January 13, 2009, recommending that plaintiff s Motion for Sanctions (Doc. #21) be granted and a default entered against defendant Patricia Potter. No objections have been filed and the time to do so has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge s report and recommendation. 636(b)(1); 28 U.S.C. § Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 636(b)(1)(C). 28 U.S.C. § The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff d, 28 F.3d 116 (11th Cir. 1994) (Table). After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #22) is hereby adopted and the findings incorporated herein. 2. Plaintiff s Motion for Sanctions (Doc. #21) is GRANTED and the Clerk is directed to enter a default against defendant Patricia Potter. DONE AND ORDERED at Fort Myers, Florida, this February, 2009. Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -2- 2nd day of
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