GS Holistic, LLC v. Purple Haze of Seminole, LLC ( 2023 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION GS HOLISTIC, LLC, Plaintiff, v. Case No. 8:22-cv-2113-VMC-AEP PURPLE HAZE OF SEMINOLE, LLC d/b/a PURPLE HAZE TOBACCO & ACCESSORIES and EVELIO CALZADILLA, Defendants. _______________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Anthony Porcelli’s Report and Recommendation (Doc. # 22), filed on May 8, 2023, recommending that Plaintiff’s Motion for Default Judgment (Doc. # 21) be granted. As of the date of this Order, no objections have been filed and the time for filing objections has lapsed. The Court accepts and adopts the Report and Recommendation and grants Plaintiff’s Motion as stated herein. Discussion 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). 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 recommendation. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. 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). After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the magistrate judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 22) is ACCEPTED and ADOPTED. Plaintiff GS Holistic, LLC’s Motion for Default Judgment (Doc. # 21) is GRANTED. (2) The Clerk is directed to enter default judgment in favor of GS Holistic and against Defendants on both counts of the complaint (Doc. # 1), in the amount of $150,000 in damages and $977.52 in costs, with interest accruing at the current per annum legal rate, for which sum let execution issue. (3) The Court does not retain jurisdiction to enforce the default judgment. Plaintiff may petition the Court for relief in a separate action. (4) The Clerk is directed to CLOSE the case. DONE and ORDERED in Chambers in Tampa, Florida, this 24th day of May, 2023. Eageetn Maca VIRGINIA M. HERNANDEZ’COVINGTON UNITED STATES DISTRICT JUDGE