Securities & Exchange Commission v. BIH Corporation et al, No. 2:2010cv00577 - Document 124 (M.D. Fla. 2012)

Court Description: OPINION AND ORDER granting 113 Motion for entry of default; striking 61 Answer and Affirmative Defenses as to Baron International, Inc.; adopting and incorporating 122 Report and Recommendations. The Clerk shall enter a default against Baron International, Inc for failure to comply with the Court's Orders and retain counsel. Plaintiff shall move for a default judgment within 14 days of this Order. Signed by Judge John E. Steele on 10/19/2012. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, vs. Case No. 2:10-cv-577-FtM-29DNF BIH CORPORATION, WAYNE A. BURMASTER, EDWARD A. HAYTER, NORTH BAY SOUTH CORPORATION, BIMINI REEF REAL ESTATE, INC., RIVERVIEW CAPITAL INC., CHRISTPHER L. ASTROM, DAMIAN B. GUTHRIE, BARON INTERNATIONAL INC., THE CADDO CORPORATION, BEAVER CREEK FINANCIAL CORPORATION, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #122), filed September 28, 2012, recommending that plaintiff s Motion for Entry of clerk s Default Against Relief Defendant Baron International, Inc. (Doc. #113) be granted and the Answer and Affirmative Defenses (Doc. #61) be stricken as to this defendant. 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. #122) is hereby adopted and the findings incorporated herein. 2. Plaintiff s Motion for Entry of clerk s Default Against Relief Defendant Baron International, Inc. (Doc. #113) is granted and the Answer and Affirmative Defenses (Doc. #61) is stricken as to Baron International, Inc. 3. The Clerk shall enter a default against Baron International Inc. for failure to comply with the Court s Orders and retain counsel. -2- 4. Plaintiff shall move for a default judgment against this defendant within FOURTEEN (14) DAYS of this Order. DONE AND ORDERED at Fort Myers, Florida, this October, 2012. Copies: Hon. Douglas N. Frazier United States Magistrate Judge Counsel of Record Unrepresented parties -3- 19th day of

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