Jeffrey v. Eastern Asset Services LLC

Middle District of Florida, flmd-8:2017-cv-01361

ORDER granting in part and denying in part {{20}} Motion for Default Judgment; adopting Report and Recommendations {{24}}. Signed by Judge James D. Whittemore on 8/20/2018. (AKA)

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PageID 94 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DESIREE JEFFREY, Plaintiff, Case No: 8: 17 - CV - 1361 - JDW - AAS EASTERN ASSET SERVICES LLC, Defendant. . ORDER BEFORE THE COURT is the Report and Recommendation of the Magistrate Judge Om recommending that Plaintiff's Motion for Default Judgment (Dkt. 20) be granted in part and denied recomm in part (Dkt. 24) . No objections have been filed and the time in which to do so has passed. Upon consideration, the Report and Recommendation is adopted as the opinion of the Court and the Motion is GRANTED in part and DENIED in part. A district court may accept, reject or 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. 8 636 (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 v. 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) . Accordingly, 1. The Report and Recommendation (Dkt. 24) is APPROVED and ADOPTED as the opinion of the Court for all purposes, including for appellate review. PageID 95 2. Plaintiff's Motion for Default Judgment (Dkt. 20) is GRANTED in part and DENIED in part. 3. The Clerk is directed to ENTER DEFAULT JUDGMENT in favor of Desiree Jeffrey and against Eastern Asset Services, LLC in the about of $ 16, 640. 00 plus post judgment interest calculated at the statutory rate. 4. The Clerk is directed to CLOSE the file. DONE AND ORDERED this 20 day of August, 2018. Altittuma JAMES D. WHITTEMORE United States District Judge Copies to: Counsel of Record