Sater Design Collection, Inc. v. Reliable Homes, Inc.

Full title: THE SATER DESIGN COLLECTION, INC.; THE SATER GROUP, INC., Plaintiffs, v…

Court: United States District Court, M.D. Florida, Fort Myers Division

Date published: Dec 18, 2006

Case No. 2:06-cv-27-FtM-99SPC (M.D. Fla. Dec. 18, 2006)

Opinion

Case No. 2:06-cv-27-FtM-99SPC.

December 18, 2006

OPINION AND ORDER

JOHN STEELE, District Judge

This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #52), filed November 29, 2006, recommending that plaintiff and third party defendant's Motion to Strike (Doc. #39) be denied; that the Motion to Dismiss Counterclaim and for a More Definite Statement (Doc. #29) be denied as moot; and that the request for an extension of time to respond to the Amended Counterclaim and Amended Third Party Complaint (Doc. #39) be granted. No objections have been filed and the time to do so 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); 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. Southern 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).

After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge.

Accordingly, it is now

ORDERED:

1. The Report and Recommendation (Doc. #52) is hereby adopted and specifically incorporated herein as follows:

a. Plaintiff and Third Party defendant's Motion to Strike (Doc. #39) is DENIED;

b. Plaintiff and Third Party defendant's Motion to Dismiss Counterclaim and for a More Definite Statement (Doc. #29) is DENIED as moot; and

c. Plaintiff and Third Party defendant's request for an extension of time to respond to the Amended Counterclaim and Amended Third Party Complaint (Doc. #39) is GRANTED and such response shall be filed within TEN (10) DAYS of this Order.

DONE AND ORDERED at Fort Myers, Florida.