Simon et al v. National City Mortgage Company et al, No. 2:2009cv00376 - Document 139 (M.D. Fla. 2011)
Court Description: OPINION AND ORDER adopting 135 Report and Recommendations. The Clerk shall terminate Theodore Bataglia as a party-plaintiff and enter a default against Mr. Bataglia on the Counterclaim. Signed by Judge John E. Steele on 5/6/2011. (RKR)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JOHN SIMON, JOAN SIMON, ANDREAS KALLISTROS, KATHLEEN KALLISTROS, NICHOLAS SERETIS, DESPINA SERETIS, H A R A L A MPO K A S OL A S , PALLIS EVANGELLOS, ANASTASIA PALLIS, GLEN DESASNTIS, LAWRENCE LODATO, MATHEW BAILEY, ATHANASIA ZARKADAS, THEODORE BATAGLIA, JEREMY BUTLER, FRANK COPPINGER, VINCENT GALGANO, WILLIAM MCCARTHY, JOEL SEVILLA, WILLIAM WOODHULL, DIMITRIOS SERETIS Plaintiffs/Counter-Defendants, vs. Case No. NATIONAL CITY MORTGAGE NATIONAL CITY BANK, 2:09-cv-376-FtM-29DNF COMPANY, Defendants/Counter-Plaintiffs. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #135), filed April 15, 2011, recommending that Theodore Bataglia be dismissed and a default be entered against him on the Counterclaim 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. #135) is hereby adopted. 2. The Clerk shall terminate Theodore Bataglia as a party- plaintiff in this case. 3. Theodore The Clerk is further directed to enter a default against Bataglia on the Counterclaim (Doc. #32, p. 16). Defendants shall seek a default judgment against this counterplaintiff within SIXTY (60) DAYS of this Order. DONE AND ORDERED at Fort Myers, Florida, this May, 2011. -2- 6th day of Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -3-
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