Newman v. Sun Capital, Inc. et al, No. 2:2009cv00445 - Document 236 (M.D. Fla. 2011)
Court Description: OPINION AND ORDER denying 216 Motion to intervene; adopting and incorporating 229 Report and Recommendations; denying request for sanctions. Signed by Judge John E. Steele on 2/9/2011. (RKR)
Download PDF
<![CDATA[
Newman v. Sun Capital, Inc. et al Doc. 236 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DANIEL S. NEWMAN, as a Receiver for Founding Partners Capital Management Company; Founding Partners StableValue Fund, L.P.; Founding Partners Stable-Value Fund, II, L.P.; Founding Partners Global Fund, Ltd., and Founding Partners Hybrid-Value Fund, L.P., Plaintiff, vs. Case No. 2:09-cv-445-FtM-29SPC SUN CAPITAL, INC. a Florida corporation; SUN CAPITAL HEALTHCARE, INC., a Florida corporation; HLP PROPERTIES OF PORT ARTHUR, LLC, a Texas limited liability company, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #229), filed January 24, 2011, recommending that the Joint Emergency Motion to Intervene on Behalf of Founding Partners Capitol Management Company Shareholders and William L. Gunlicks (Doc. #216) be denied and the Receiver s request for sanctions be denied. 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), Dockets.Justia.com 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. #229) is hereby adopted and the findings incorporated herein. 2. The Joint Emergency Motion to Intervene on Behalf of Founding Partners Capitol Management Company Shareholders and William L. Gunlicks (Doc. #216) is DENIED. 3. The request for sanctions (Doc. #223, p. 15) is DENIED. DONE AND ORDERED at Fort Myers, Florida, this February, 2011. -2- 9th day of Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties -3-
]]>
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.
