Roor International BV v. Ullah Business Inc.
Roor International BV v. Ullah Business Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
ROOR INTERNATIONAL BV and SREAM, INC.,
Plaintiffs,
v. Case No.: 2:19-cv-222-FtM-38MRM
ULLAH BUSINESS INC. and MOHAMMED ULLAH,
Defendants. / OPINION AND ORDER1 Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (R&R) (Doc. 64), recommending the Court grant in part and deny in part Plaintiffs Roor International BV and Sream, Inc’s Motion to Strike Defendant’s Response to Complaint and for Entry of Clerk’s Default (Doc. 63). No party objected to the R&R, and the time to do so has passed. 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. See
28 U.S.C. § 636(b)(1); see also 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
1 Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. 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. Southern Ry. Co.,
37 F.3d 603, 604(11th Cir. 1994). Judge McCoy found that Plaintiffs properly served both Defendants—Mohammed Ullah and Ullah Business Inc. Mohammed Ullah then filed an answer on behalf of himself and Ullah Business Inc. Judge McCoy recommends the Court strike the answer and allow Mohammed Ullah to file an amended answer, which Ullah did on March 2, 2020. But because corporations can only appear through a licensed attorney, Judge McCoy recommends that a clerk’s default be entered against Ullah Business Inc. After careful consideration of the R&R and an independent review of the file, the Court accepts and adopts the R&R. Accordingly, it is now ORDERED: United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (Doc. 64) is ACCEPTED and ADOPTED and incorporated into this Order. Plaintiffs Roor International BV and Sream, Inc’s Motion to Strike Defendant's Response to Complaint and for Entry of Clerk’s Default (Doc. 63) is GRANTED in part and DENIED in part. 1. Defendants’ original Answer (Doc. 51) is STRICKEN. 2. The Clerk is DIRECTED to enter default against Ullah Business Inc. DONE and ORDERED in Fort Myers, Florida this 6th day of March, 2020.
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record
Reference
- Status
- Unknown