Lancaster et al v. Bottle Club, LLC et al

Middle District of Florida, flmd-8:2017-cv-00634

ORDER adopting {{154}} REPORT AND RECOMMENDATIONS re {{118}} MOTION for temporary restraining order with Asset Freeze and Motion to Disqualify M. Sean Moyles and Defendants' Bankruptcy Attorney as Counsel for all Defendants. The motion is hereby DENIED. Signed by Judge Virginia M. Hernandez Covington on 3/9/2018. (JAM)

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PageID 5586 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION AMBER LANCASTER, et al., Plaintiffs, v. Case No.: 8:17-cv-634-T-33JSS THE BOTTLE CLUB, LLC, EYES WIDE SHUT, LLC, BYOB CLUB, INC., ANDREW HARROW and SUSAN HARROW, Defendants. _____________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Julie S. Sneed's Report and Recommendation (Doc. # 154), filed on February 21, 2018, recommending that the Plaintiffs' Petition for Ex Parte Temporary Restraining Order With Asset Freeze and Motion to Disqualify M. Sean Moyles and Defendants' Bankruptcy Attorney as Counsel for All Defendants (Doc. # 118) be denied. As of the date of this Order, no objections to the Report and Recommendation have been filed and the time for objections has now passed. Discussion After conducting a careful and complete review of the PageID 5587 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), cert. denied, 459 U.S. 1112 (1983). 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). 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 now ORDERED, ADJUDGED, and DECREED: -2- PageID 5588 (1) The Report and Recommendation (Doc. # 154) is ACCEPTED and ADOPTED. (2) Plaintiffs' Petition for Ex Parte Temporary Restraining Order With Asset Freeze and Motion to Disqualify M. Sean Moyles and Defendants' Bankruptcy Attorney as Counsel for All Defendants (Doc. # 118) is hereby DENIED. DONE and ORDERED in Chambers in Tampa, Florida, this 9th day of March, 2018. -3-