Travelers Casualty and Surety Company of America v. Hudec et al, No. 2:2010cv00553 - Document 22 (M.D. Fla. 2011)

Court Description: OPINION AND ORDER denying 12 Motion to dismiss; adopting 19 Report and Recommendations. Signed by Judge John E. Steele on 2/23/2011. (RKR)

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Travelers Casualty and Surety Company of America v. Hudec et al Doc. 22 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, as assignee and subrogee of U.S. Protect Corp., Plaintiff, vs. Case No. 2:10-cv-553-FtM-29SPC LISA HUDEC, RICHARD S. HUDEC, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #19), filed January 27, 2011, recommending that defendants Lisa Hudec and Richard Hudec s Motion to Dismiss (Doc. #12) 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), 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 Dockets.Justia.com 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. #19) is hereby adopted. 2. Defendants Lisa Hudec and Richard Hudec s Motion to Dismiss (Doc. #12) is DENIED. DONE AND ORDERED at Fort Myers, Florida, this February, 2011. Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties -2- 23rd day of

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