Hess v. Sycamore Concierge LLC ( 2019 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SHERYL HESS fka Sheryl Folk, Plaintiff, v. Case No: 2:18-cv-653-FtM-29NPM SYCAMORE CONCIERGE LLC, a Florida profit corporation and ALLEN FURRER, individually, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #41), filed August 26, 2019, recommending that the Motion for Clerk's Default (Doc. #36) be granted, the Clerk be directed to enter a default against Sycamore Concierge LLC, and that Sycamore Concierge LLC's Answer and Affirmative Defenses (Doc. #16) be stricken. 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. 28 U.S.C. § 636(b)(1); 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 whole or in part, the findings and recommendations. 28 U.S.C. 8 636(b)(1). 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. #41) is hereby adopted and the findings incorporated herein. 2. Plaintiff's Motion for Clerk's Default (Doc. #36) is granted. The Clerk is directed to enter a default against Sycamore Concierge LLC only. 3. Sycamore Concierge LLC's Answer and Affirmative Defenses (Doc. #16) is stricken. The Clerk shall make a notation on the docket. DONE and ORDERED at Fort Myers, Florida, this 13th day of September, 2019. Q me pot : | hu >» Loot ade E. STEELE SHNIOR UNITED STATES DISTRICT JUDGE Copies: Hon. Nicholas P. Mizell United States Magistrate Judge Counsel of Record Unrepresented parties