Centennial Bank v. Bakerfield Custom Homes Corp. et al

Middle District of Florida, flmd-8:2017-cv-01721

ORDER denying without prejudice {{104}} Motion for Default Judgment; adopting {{138}} Report and Recommendations. Signed by Judge James D. Whittemore on 12/12/2017. (AEN)

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PageID 571 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CENTENNIAL BANK, Plaintiff, Case No: 8: 17 - cv - 1721 - T - 27JSS BAKERFIELD CUSTOM HOMES CORP ., et al ., Defendants. ORDER BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge recommending that Centennial Bank's Motion for Default Judgment as to Six Junior Lienholders on Verified Complaint (Dkt. 104) be denied without prejudice (Dkt. 138) . No objections have been filed and the time for doing so has passed. Adistrict court may accept, rejector modify a magistrate judge's report and recommendation. 28U.S. C. § 636 (b) (1) . In the absence of specific objections, there is no requirement that factual findings be reviewed de novo, and the court may accept, reject or modify, in whole or in part, the findings and recommendations. $ 636 (b) (1) (C); Garvey v. Vaughn, 993 F. 2d 776, 779 n. 9 (11th Cir. 1993) . Legal conclusions are reviewed de novo, even in the absence of an objection, See LeCroy y. McNeil, 397 F. App ' x. 554, 556 (11th Cir. 2010) (citing United States v. Warren, 687 F. 2d 347, 348 (11th Cir. 1982)); Cooper - Houston v. S. Ry. Co ., 37 F. 3d 603, 604 (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, 1) The Report and Recommendation (Dkt. 138) is APPROVED and ADOPTED for all mme purposes, including for appellate review, PageID 572 2) Plaintiff's Motion for Entry of Default Final Judgment as to Six Junior Lienholders on Verified Complaint (Dkt. 104) is DENIED without prejudice. DONE AND ORDERED this 12 day of December, 2017. JAMES D. WHITTEMORE United States District Judge Copies to: Counsel of Record Unrepresented Parties