Thomas et al v. Carrington's Caring Angels, LLC et al

Middle District of Florida, flmd-8:2017-cv-01586

ORDER adopting Report and Recommendations re {{42}} Motion for Default Judgment filed by Agatha Thomas, Angel Dancil, Marie Edward. The motion for entry of default final judgment against Ronshai Davis is hereby DENIED without prejudice. Signed by Judge Virginia M. Hernandez Covington on 12/27/2017. (JAM)

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PageID 333 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION AGATHA THOMAS, MARIE EDWARD, and ANGEL DANCIL, individually, and as class representatives of others similarly situated, Plaintiffs, v. Case No. 8:17-cv-1586-T-33MAP CARRINGTON'S CARING ANGELS, LLC, STEPHANIE CARRINGTON, individually, RONSHAI DAVIS, individually, AAJA LOVE CARE, INC., a domestic corporation, Defendants. _______________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Mark A. Pizzo's Report and Recommendation (Doc. # 43), filed on December 7, 2017, recommending that the Plaintiffs' motion for entry of default final judgment against Defendant Ronshai Davis (Doc. # 42) be denied without prejudice. 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 findings and recommendations, a district judge may accept, PageID 334 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 335 (1) The Report and Recommendation (Doc. # 43) is ACCEPTED and ADOPTED. (2) Plaintiffs' motion for entry of default final judgment against Defendant Ronshai Davis (Doc. # 42) is hereby DENIED without prejudice. DONE and ORDERED in Chambers in Tampa, Florida, this 27th day of December, 2017. -3-