Kosakowski et al v. Home Loan Servicing Inc. et al, No. 2:2009cv00803 - Document 16 (M.D. Fla. 2011)

Court Description: OPINION AND ORDER adopting 15 Report and Recommendations and dismissing case without prejudice for failure to perfect service of process. The Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 1/3/2011. (RKR)

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Kosakowski et al v. Home Loan Servicing Inc. et al Doc. 16 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JOSEPH R. KOSAKOWSKI, KOSAKOWSKI, SUSAN Plaintiffs, vs. Case No. 2:09-cv-803-FtM-29DNF HOMES LOAN SERVICING, INC., First Franklin Loan Services, Nanette Stevens, Managing Director, FIRST FRANKLIN NA, CEO Mark Malavos & CFO Vona Scott, DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee FFMLT Trust 2006-FF3, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #15), filed December 6, 2010, recommending that the action be dismissed without prejudice for failure to perfect service of process. 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. The case was originally filed on December 11, 2009, and has been pending for over a year now without service being executed on defendants, despite several orders to show cause and extensions of time, and having once reopened the matter after dismissal for failure to prosecute. In the September 8, 2010, Order, the undersigned clearly warned plaintiffs that the “Court will not provide any further extensions of time under any circumstances.” (Doc. #12, p. 3)(emphasis in original). Subsequently, the Magistrate provided additional time to file proofs of service and forwarded summonses forms. Still, plaintiffs failed to take action. Accordingly, it is now ORDERED: -2- 1. The Report and Recommendation is hereby adopted and the case is dismissed without prejudice for failure to perfect service of process. 2. The Clerk shall enter judgment accordingly, terminate all deadlines and motions as moot, and close the file. DONE AND ORDERED at Fort Myers, Florida, this January, 2011. Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -3- 3rd day of

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