From Casetext: Smarter Legal Research

Sebastian v. Allegro Group of SWFL, Inc.

United States District Court, M.D. Florida, Fort Myers Division
Dec 13, 2010
Case No. 2:10-cv-12-FtM-29DNF (M.D. Fla. Dec. 13, 2010)

Opinion

Case No. 2:10-cv-12-FtM-29DNF.

December 13, 2010


OPINION AND ORDER


This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #25), filed November 23, 2010, recommending that plaintiff's untitled Motion for a default (Doc. #24) be granted and a default be entered against defendant Allegro Group of SWFL, Inc. for failure to obtain counsel in compliance with the Court's Orders. 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. #25) is hereby adopted and plaintiff's untitled Motion for a default (Doc. #24) is GRANTED.

2. The Clerk shall enter a default against defendant Allegro Group of SWFL, Inc.

DONE AND ORDERED at Fort Myers, Florida, this 13th day of December, 2010.


Summaries of

Sebastian v. Allegro Group of SWFL, Inc.

United States District Court, M.D. Florida, Fort Myers Division
Dec 13, 2010
Case No. 2:10-cv-12-FtM-29DNF (M.D. Fla. Dec. 13, 2010)
Case details for

Sebastian v. Allegro Group of SWFL, Inc.

Case Details

Full title:JAVIER T. SEBASTIAN on behalf of himself and all others similarly…

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

Date published: Dec 13, 2010

Citations

Case No. 2:10-cv-12-FtM-29DNF (M.D. Fla. Dec. 13, 2010)