Frenchy's Corporate, Inc. v. Frenchy's Pizzeria & Tavern, Inc.

Full title: FRENCHY'S CORPORATE, INC., Plaintiff, v. FRENCHY'S PIZZERIA & TAVERN…

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Date published: Jun 22, 2018

Case No. 8:18-cv-425-T-33JSS (M.D. Fla. Jun. 22, 2018)

Opinion

Case No. 8:18-cv-425-T-33JSS

06-22-2018

FRENCHY'S CORPORATE, INC., Plaintiff, v. FRENCHY'S PIZZERIA & TAVERN, INC., ET AL., Defendants.

VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE

ORDER

This matter is before the Court on consideration of United States Magistrate Judge Julie S. Sneed's Report and Recommendation (Doc. # 46), filed on June 6, 2018, recommending that the Plaintiff's Motion to Reopen Case and for Order to Show Cause why Defendants should not be Held in Civil Contempt for Violating the Court's Order Granting a Permanent Injunction (Doc. # 27) be denied. Neither party filed an objection to the Report and Recommendation and the time for objections has now passed. 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), 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 (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).

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 and the recommendation of the magistrate judge.

Accordingly, it is now

ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 46) is ACCEPTED and ADOPTED. (2) Plaintiff's Motion to Reopen Case and for Order to Show Cause why Defendants should not be Held in Civil Contempt for Violating the Court's Order Granting a Permanent Injunction (Doc. # 27) is DENIED.

DONE and ORDERED in Chambers in Tampa, Florida, this 22nd day of June, 2018.

/s/_________

VIRGINIA M. HERNANDEZ COVINGTON

UNITED STATES DISTRICT JUDGE