Weinstock v. Harvey

Full title: CATHERINE WEINSTOCK, Plaintiff, v. JASEN LADAIR HARVEY and CATHARINE…

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

Date published: Aug 7, 2020

Case No. 8:19-cv-2979-T-33AEP (M.D. Fla. Aug. 7, 2020)

Opinion

Case No. 8:19-cv-2979-T-33AEP

08-07-2020

CATHERINE WEINSTOCK, Plaintiff, v. JASEN LADAIR HARVEY and CATHARINE HARVEY, Defendants.

VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE

ORDER

This matter is before the Court on consideration of United States Magistrate Judge Anthony E. Porcelli's Report and Recommendation (Doc. # 36), filed on July 23, 2020, recommending that Plaintiff Catherine Weinstock's Motion for Default Judgment against both Defendants (Doc. # 28) be denied.

As of the date of this Order, no objections have been filed and the time for filing objections has lapsed. The Court accepts and adopts the Report and Recommendation and denies Weinstock's Motion for Default Judgment without prejudice. 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 recommendation. 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).

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.

Accordingly, it is now

ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 36) is ACCEPTED and ADOPTED. (2) Plaintiff Catherine Weinstock's Motion for Default Judgment against both Defendants (Doc. # 28) is DENIED without prejudice. (3) Weinstock may file an amended complaint within 30 days of the date of this Order.

DONE and ORDERED in Chambers in Tampa, Florida, this 7th day of August, 2020.

/s/_________

VIRGINIA M. HERNANDEZ COVINGTON

UNITED STATES DISTRICT JUDGE