Shaffer v. Bank of N.Y. Mellon

Full title: LINDA SHAFFER, Plaintiff, v. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF…

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

Date published: Oct 19, 2018

Case No. 8:18-cv-1382-T-33CPT (M.D. Fla. Oct. 19, 2018)

Opinion

Case No. 8:18-cv-1382-T-33CPT

10-19-2018

LINDA SHAFFER, Plaintiff, v. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2006-OA16, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA16; THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN PASS-THROUGH CERTIFICATES, SERIES 2006-0A-16; and THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MANATEE COUNTY, Defendants.

VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE

ORDER

This matter is before the Court on consideration of the Report and Recommendation of Christopher P. Tuite, United States Magistrate Judge (Doc. # 17), filed on October 4, 2018. Judge Tuite recommends Plaintiff Linda Shaffer's Motion for Preliminary Injunction be denied. No objections have been filed, and the time for the submission of objections has expired. 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 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) (Table).

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

ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 17) is ACCEPTED and ADOPTED. (2) Plaintiff Linda Shaffer's Motion for Preliminary Injunction (Doc. # 2) is DENIED.

DONE and ORDERED in Chambers, in Tampa, Florida, this 19th day of October, 2018.

/s/_________

VIRGINIA M. HERNANDEZ COVINGTON

UNITED STATES DISTRICT JUDGE