Pryor et al v. Nelson, No. 2:2020mc00005 - Document 4 (M.D. Fla. 2020)
Court Description: OPINION AND ORDER adopting 3 Report and Recommendations; denying 1 Motion to Quash and Motion for Protective Order. The Clerk shall close the file. Signed by Judge John E. Steele on 5/15/2020. (RKR)
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Pryor et al v. Nelson Doc. 4 Case 2:20-mc-00005-JES-MRM Document 4 Filed 05/15/20 Page 1 of 3 PageID 67 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ROBERT L. PRYOR, Chapter 7 Trustee of the Bankruptcy Estate of Coco Partners, Inc. and COCO FOODS, INC., Plaintiffs, v. Case No: 2:20-mc-5-FtM-29MRM RICHARD NELSON, Defendant. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #3), filed April 30, 2020, recommending that the Motion to Quash Plaintiff's Subpoenas and Request for a Protective Order from the Bankruptcy Court Order (Doc. #1) be denied, and the case closed. 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 Dockets.Justia.com Case 2:20-mc-00005-JES-MRM Document 4 Filed 05/15/20 Page 2 of 3 PageID 68 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). 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. #3) is hereby adopted and the findings incorporated herein. 2. Defendant's Motion to Quash Plaintiff's Subpoenas and Request for a Protective Order from the Bankruptcy Court Order (Doc. #1) is DENIED. 3. The Clerk shall terminate all pending motions and 15th day deadlines, and close the file. DONE and ORDERED at Fort Myers, Florida, this of May, 2020. - 2 - Case 2:20-mc-00005-JES-MRM Document 4 Filed 05/15/20 Page 3 of 3 PageID 69 Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record Unrepresented parties - 3 -
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