Global Tech Led, LLC v. Hilumz International Corp. et al, No. 2:2015cv00553 - Document 125 (M.D. Fla. 2017)

Court Description: OPINION AND ORDER adopting and incorporating 124 Report and Recommendations; dismissing defendants' 63 Second Amended Counterclaims and Third Party Claims Seeking Injunctive Relief. The Clerk shall enter judgment dismissing the third-p arty claims without prejudice and teriminate the Third Party Complaint and enter a default against defendants/third-party claimants Hilumz International Corp., Hilumz LLC and Hilumz USA LLC. Plaintiff shall file a motion for default judgment within 30 days of the entry of default. Signed by Judge John E. Steele on 9/22/2017. (RKR)

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Global Tech Led, LLC v. Hilumz International Corp. et al Doc. 125 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION GLOBAL TECH LED, LLC, a Florida limited liability company, Plaintiff, v. Case No: 2:15-cv-553-FtM-29CM HILUMZ INTERNATIONAL CORP., a Georgia corporation, HILUMZ, LLC, and HILUMZ USA, LLC, a Georgia limited liability company, Defendants/Third Party Plaintiffs JEFFREY J. MART, GARY J. NEWMAN, JEFFREY J. NEWMAN, GARY K. K. MART, JEFFREY GARY K. MART and NEWMAN, Third Party Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #124), filed August 28, 2017, recommending that defaults be entered against Hilumz International Corp., Hilumz LLC and Hilumz USA LLC, and that defendants' Second Amended Counterclaims and Third Party Claims Seeking Injunctive Relief be dismissed. No objections have been filed and the time to do so has expired. Dockets.Justia.com 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). 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 recommendation comes after defendants/third-party plaintiffs’ repeated failure to comply with Orders, and to retain counsel. 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. #124) is hereby adopted and the findings incorporated herein. - 2 - 2. The Clerk defendants/third-party shall enter claimants Hilumz a default against International Corp., Hilumz LLC and Hilumz USA LLC. 3. Defendants' Second Amended Counterclaims and Third Party Claims Seeking Injunctive Relief (Doc. #63) is DISMISSED as to all remaining counterclaims 1, and all third-party claims. The Clerk shall enter judgment dismissing the third-party claims without prejudice and terminate the Third Party Complaint. 4. Plaintiff shall file a motion for default judgment within THIRTY (30) DAYS of the entry of the default. DONE and ORDERED at Fort Myers, Florida, this 22nd day of September, 2017. Copies: Hon. Carol Mirando United States Magistrate Judge Counsel of Record Unrepresented parties 1 On February 14, 2017, the Court dismissed False Ads 4, 5, and 7 in Count I, and Counterclaim Count V with leave to amend. (Doc. #109.) - 3 -

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