Opinion
Case No: 3:13-cv-592-J-39JBT
06-12-2014
BANK OF AMERICA, N.A., Plaintiff, v. M/V TRIPLE THREAT, a 2005 34' Fountain official number: 1192380, her engines, apparel, tackle, boats, appurtenances, etc., in rem, Defendant.
ORDER
THIS CAUSE is before the Court on Magistrate Judge Joel B. Toomey's Report and Recommendation (Doc. 38), entered on April 16, 2014. In the Report, Magistrate Judge Toomey recommends that Plaintiff's Motion for Entry of Final Default Judgment (Doc. 37) be granted in part, and that the Clerk of the Court be directed to enter judgment in favor of Plaintiff. No objections to the Report have been filed, and the time for doing so has passed.
The Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). If no specific objections to findings of facts are filed, the district court is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see also 28 U.S.C. § 636(b)(1)(C). However, the district court must review legal conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States v. Rice, No. 2:07-mc-8, 2007 WL 1428615, at *1 (M.D. Fla. May 14, 2007).
Upon independent review of the Magistrate Judge's Report, the Court will accept and adopt the legal and factual conclusions recommended by the Magistrate Judge and grant the Motion. Accordingly, it is hereby
ORDERED:
1. Magistrate Judge Joel B. Toomey's Report and Recommendation (Doc. 38) is ADOPTED as the opinion of the Court.
2. Plaintiff's Motion for Entry of Final Default Judgment (Doc. 37) is GRANTED in part as provided in the Report and Recommendation.
3. The Clerk is directed to enter final judgment by default in favor of Plaintiff, and against Defendant, Triple Threat, in the amount of $6,678.00.
4. Plaintiff may bid its judgment at the public sale of the Triple Threat and Plaintiff shall not be required to pay any cash or other payment unless and until its successful bid exceeds the total of its judgment against the Triple Threat.
5. Plaintiff shall file a motion for fees and/or expenses within 14 days of the Court's entry of judgment, pursuant to Rule 54 of the Federal Rules of Civil Procedure and M.D. Fla. Local Rule 4.18(a).
6. Plaintiff shall file a motion to schedule the sale of the Triple Threat no later than 14 days after the court has ruled on Plaintiff's motion for fees and/or expenses.
DONE and ORDERED in Jacksonville, Florida this 12 th day of June, 2014.
__________
BRIAN J. DAVIS
United States District Judge
bb
Copies furnished to:
The Honorable Joel B. Toomey
United States Magistrate Judge
Counsel of Record