Opinion
2:19-cv-674-SPC-MRM
06-23-2021
SHANON MURILLO and JUAN MENDOZA, Plaintiffs, v. CAPE CORAL ROOFING AND SHEET METAL, INC. and ALEXANDER GOMEZ, Defendants.
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SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE.
Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation. (Doc. 29). Judge McCoy recommends the undersigned enter an Order directing the Clerk of Court to enter clerk's defaults against Defendants Cape Coral Roofing and Sheet Metal, Inc. and Alexander Gomez. He does so because Defendants have demonstrated a “flagrant, willful, and bad-faith disregard for the Court's Orders, ” and no less drastic sanction would be effective in achieving compliance. (Doc. 29 at 6).
A district judge “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). The judge “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Id.And “[t]he judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.” Id.
After examining the file independently and upon considering Judge McCoy's findings and recommendations, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now ORDERED:
United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. 29) is ACCEPTED and ADOPTED and the findings are incorporated herein.
(1) The Clerk is DIRECTED to enter clerk's defaults against Defendants Cape Coral Roofing and Sheet Metal, Inc. and Alexander Gomez.
(2) Plaintiffs must move for a default judgment on or before July 7, 2021.
DONE and ORDERED.