Carter et al v. Liquid Chase, Inc. et al, No. 2:2010cv00034 - Document 35 (M.D. Fla. 2011)
Court Description: OPINION AND ORDER adopting 34 Report and Recommendations; adopting 31 Report and Recommendations; the Clerk shall enter a default against all defendants. Plaintiffs shall file a motion for default judgment within 60 days. 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 ALAN CARTER, THOMSEN, JOE TAMS, GEORGE Plaintiffs, vs. Case No. LIQUID CHASE, Corporation, individually, individually, INC. a DOUGLAS JOHN 2:10-cv-34-FtM-29DNF Delaware KEYSER, STEWART, ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #31), filed March 18, 2011, recommending that defaults be issued against Douglas Keyser and Liquid Chase, Inc. for failure to respond to the Court s Orders, and the Report and Recommendation (Doc. #34), filed April 15, 2011, recommending that a default be issued against John Stewart for failure to respond to 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 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). The March 18, 2011, Report and Recommendation was initially taken under addresses. advisement (Doc. #33.) to allow for delivery to alternative No parties appeared in response. After conducting an independent examination of the file and upon due consideration of the Reports and Recommendations, the Court accepts both Reports and Recommendations of the magistrate judge. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #31) is hereby The Report and Recommendation (Doc. #31) is hereby adopted. 2. adopted. 3. The Clerk shall enter a default against all defendants. -2- 4. Plaintiffs shall file a motion for default judgment within SIXTY (60) DAYS of this Order. DONE AND ORDERED at Fort Myers, Florida, this May, 2011. Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -3- 6th day of
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