Roberts et al v. San Marino Naples, LLC, No. 2:2008cv00880 - Document 38 (M.D. Fla. 2010)
Court Description: OPINION AND ORDER adopting 37 Report and Recommendation. The Clerk shall enter a default against San Marino Naples, LLC. The Clerk shall send a copy of this Opinion and Order to the addresses listed in the Report and Recommendation but not the address listed for Commerce Drive. The Clerk shall also update the docket. Signed by Judge John E. Steele on 8/13/2010. (RKR)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION KAREN ROBERTS individually; MURPHY individually, ROBIN Plaintiffs, vs. Case No. 2:08-cv-880-FtM-29SPC SAN MARINO NAPLES, LLC, and N. BERRY TAYLOR, individually, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #37), filed July 27, 2010, recommending that a Clerk s default be entered against defendant San Marino Naples, LLC for failure to obtain counsel as directed. 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. The Court notes that mail was consistently undeliverable at the Venice, Florida address (771 Commerce Dr., Suite 1), and that later Orders and the Report and Recommendation were sent to additional addresses in Venice and Nokomis, Florida successfully. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #37) is hereby adopted. 2. The Clerk shall enter a default against San Marino Naples, LLC. 3. The Clerk shall send a copy of this Opinion and Order to the addresses listed in the Report and Recommendation (Doc. #37, p. 2) but not to the address listed on the docket on Commerce Drive. -2- The Clerk is further directed to update the docket to reflect these other available addresses. DONE AND ORDERED at Fort Myers, Florida, this August, 2010. Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties -3- 13th day of
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
