Clear Spring Prop. & Cas. Co. v. Smrke

Full title: CLEAR SPRING PROPERTY AND CASUALTY COMPANY, Plaintiffs, v. TODD SMRKE…

Court: United States District Court, Middle District of Florida

Date published: Nov 2, 2023

8:22-cv-2708-TPB-SPF (M.D. Fla. Nov. 2, 2023)

Opinion

8:22-cv-2708-TPB-SPF

11-02-2023

CLEAR SPRING PROPERTY AND CASUALTY COMPANY, Plaintiffs, v. TODD SMRKE, Defendant.

TOM BARBER UNITED STATES DISTRICT JUDGE

ORDER ADOPTING REPORT AND RECOMMENDATION

TOM BARBER UNITED STATES DISTRICT JUDGE

This matter is before the Court on consideration of the report and recommendation of Sean P. Flynn, United States Magistrate Judge, entered on October 17, 2023. (Doc. 19). Judge Flynn recommends that “Plaintiff's Motion for Default Judgment” (Doc. 16) be granted. No objections to the report and recommendation have been filed and the time to object 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); Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983); 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 recommendations. 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) (table).

Upon due consideration of the record, including Judge Flynn's report and recommendation, the Court adopts the report and recommendation in its entirety. The Court agrees with Judge Flynn's well-reasoned factual findings and conclusions and consequently, “Plaintiff's Motion for Default Judgment” (Doc. 16) is granted.

Accordingly, it is

ORDERED, ADJUDGED, and DECREED:

(1) The report and recommendation (Doc. 19) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.

(2) “Plaintiff's Motion for Default Judgment” (Doc. 16) is GRANTED.

(4) The Court directs the Clerk to enter a final default judgment for Plaintiff on Counts I, II, III, and IV and to thereafter close the case.

DONE AND ORDERED