Opinion
Case No. 6:06-cv-336-Orl-28KRS.
December 22, 2006
ORDER
This case is before the Court on Plaintiff's Motion For Entry of Final Default Judgment (Doc. No. 11) filed August 22, 2006. The United States Magistrate Judge has submitted a report recommending that the motion be denied without prejudice.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation filed November 27, 2006 (Doc. No. 15) is ADOPTED and CONFIRMED and made a part of this Order.
2. The default entered by the Clerk of Court (Doc. 10) on June 26, 2006 is VACATED.
3. Plaintiff's Motion For Entry of Final Default Judgment is DENIED without prejudice.
4. Within thirty (30) days from the date of this Order, Plaintiff shall file proof of proper service of process on Total Facility Services, LLC. Failure to do so will result in this case being dismissed.
DONE and ORDERED in Chambers, Orlando, Florida.