Opinion
8:21-cv-1474-VMC-JSS
11-28-2023
FRESENIUS VASCULAR CARE, INC., and NATIONAL MEDICAL CARE, INC., Plaintiffs, v. INDI VASUDEVA and TAMPA RENAL PHYSICIANS, P.L., Defendants.
ORDER
VIRGINIA M. HERNANDEZ COVINGTON, UNITED STATES DISTRICT JUDGE
This matter comes before the Court upon consideration of United States Magistrate Judge Julie S. Sneed's Report and Recommendation (Doc. # 100), entered on November 13, 2023, recommending that Plaintiffs' Unopposed Motion for Final Judgment in Garnishment against Bank of America, N.A. (Doc. # 97) be granted. No objections have been filed, and the time for filing objections has lapsed.
The Court accepts and adopts the Report and Recommendation and grants the Motion.
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). If a party files a timely and specific objection to a finding of fact by the magistrate judge, the district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992). 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. # 100) is ACCEPTED and ADOPTED.
(2) Plaintiffs' Unopposed Motion for Final Judgment in Garnishment against Bank of America, N.A. (Doc. # 97) is GRANTED.
(3) The Clerk is directed to enter final judgment in favor of Plaintiffs Fresenius Vascular Care, Inc. and National Medical Care, Inc. and against Garnishee Bank of America, N.A. in the amount of $89,858.87 pursuant to section 77.083 of the Florida Statutes.
(4) The Court grants Garnishee Bank of America, N.A.'s request for statutory fees in the amount of $100.00 pursuant to section 77.28 of the Florida Statutes, made payable to Garnishee's attorneys, Liebler, Gonzalez & Portuondo.
DONE and ORDERED