Itow.Boats, LLC v. M/V Empire III ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 22-61743-CIV-DIMITROULEAS ITOW.BOATS, LLC, Plaintiff, v. M/V EMPIRE III, a 2005 50 Azimut Motor Vessel, her engines, tackle, equipment, apparel, appurtenances, etc., in rem, and THE EMPIRE YACHTZ, LLC, Defendants. __________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; GRANTING MOTION TO ENFORCE SETTLEMENT AGREEMENT THIS CAUSE is before the Court upon Plaintiff’s Motion to Enforce Settlement Agreement [DE 35], and the December 22, 2023 Report and Recommendation of Magistrate Judge Patrick M. Hunt (the “Report”) [DE 42]. The Court notes that no objections to the Report [DE 42] have been filed, and the time for filing such objections has passed.1 As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 42] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 42] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusion that the Court should enter final judgment 1 The Magistrate Judge shortened the time period for filing objections. against Defendant The Empire Yachtz, LLC for $35,000.00 and reserve jurisdiction to award attorney’s fees and costs to Plaintiff. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 42] is hereby ADOPTED and APPROVED; 2. Plaintiffs Motion to Enforce Settlement Agreement [DE 35] is hereby GRANTED. 3. Pursuant to Federal Rule of Civil Procedure Rule 58, the Court will enter a separate final judgment. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 2nd day of January 2024. fl } “a 4 : “4 if % f ? f tne i ye Zo #4 v Paty 4 ‘4 ase Af CA MAGIA AYN GC VILLIAM P. DIMITROULEAS United States District Judge Copies to: Counsel of Record Magistrate Judge Patrick M. Hunt