Pree et al v. Pickle Pro, LLC et al, No. 2:2017cv00042 - Document 31 (M.D. Fla. 2017)

Court Description: OPINION AND ORDER adopting 30 Report and Recommendations. The 16 Answer and affirmative defenses are deemed stricken as to Pickle Pro, LLC, and the Clerk shall enter a default against this defendant. Plaintiffs shall file a motion for default judgment within 14 days of the entry of the default. Signed by Judge John E. Steele on 9/26/2017. (RKR)

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Pree et al v. Pickle Pro, LLC et al Doc. 31 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION KANE PREE, an individual and BLAKE PREE, an individual, Plaintiffs, v. Case No: 2:17-cv-42-FtM-29CM PICKLE PRO, LLC, a Florida limited liability corporation and TODD PREE, an individual, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #30), filed September 6, 2017, recommending that a Clerk's default be entered against defendant Pickle Pro, LLC, and that plaintiffs be directed to thereafter seek a default judgment. 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). 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). Defendant Pickle Pro, LLC failed to comply with the Magistrate Judge’s Orders directing Pickle Pro, LLC to retain new counsel. (Docs. ## 28, 29.) of the file and After conducting an independent examination 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. #30) is hereby adopted and the findings incorporated herein. 2. The Answer and Affirmative Defenses (Doc. #16) are deemed stricken as to Pickle Pro, LLC, and the Clerk is directed to enter a default against Pickle Pro, LLC. - 2 - 3. Plaintiffs shall file a motion for default judgment against this defendant within FOURTEEN (14) DAYS of the entry of the default by the Clerk. DONE and ORDERED at Fort Myers, Florida, this of September, 2017. Copies: Hon. Carol Mirando United States Magistrate Judge Counsel of Record Unrepresented parties - 3 - 26th day

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