Sebastian v. Allegro Group of SWFL, Inc., No. 2:2010cv00012 - Document 26 (M.D. Fla. 2010)
Court Description: OPINION AND ORDER granting 24 Motion for default; adopting 25 Report and Recommendations. The Clerk shall enter a default against defendant Allegro Group of SWFL, Inc. Signed by Judge John E. Steele on 12/13/2010. (RKR)
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Sebastian v. Allegro Group of SWFL, Inc. Doc. 26 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JAVIER T. SEBASTIAN on behalf of himself and all others similarly situated, Plaintiff, vs. Case No. ALLEGRO GROUP OF SWFL, INC. Florida Profit Corporation, 2:10-cv-12-FtM-29DNF a Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #25), filed November 23, 2010, recommending that plaintiff s untitled Motion for a default (Doc. #24) be granted and a default be entered against defendant Allegro Group of SWFL, Inc. for failure to obtain counsel in compliance with the Court s Orders. 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 Dockets.Justia.com 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. #25) is hereby adopted and plaintiff s untitled Motion for a default (Doc. #24) is GRANTED. 2. The Clerk shall enter a default against defendant Allegro Group of SWFL, Inc. DONE AND ORDERED at Fort Myers, Florida, this December, 2010. Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Defendant -2- 13th day of
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