In Re: Pirate Water Taxi, LLC
In Re: Pirate Water Taxi, LLC
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
IN THE MATTER OF THE COMPLAINT OF PIRATE WATER TAXI, LLC FOR EXONERATION FROM Case No. 8:20-cv-1956-60AAS OR LIMITATION OF LIABILITY AS THE OWNER OF THE PIRATE PAT, OFFICIAL NO. 1165031 /
ORDER ADOPTING REPORT AND RECOMMENDATION This matter is before the Court on consideration of the report and recommendation of Amanda A. Sansone, United States Magistrate Judge, entered on December 14, 2020. (Doc. 20). Judge Sansone recommends that Pirate Water Taxi, LLC’s motion for default judgment (Doc. 17) be granted and default judgment be entered against John Doe and all non-appearing unknown potential claimants who failed to file or otherwise state a claim by October 30, 2020. No objections to the report and recommendation were filed, and the time to object has expired. 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.
28 U.S.C. § 636(b)(1); 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 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) (table). Upon due consideration of the record, including Judge Sansone’s report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Sansone’s detailed and well-reasoned factual findings and legal conclusions. Consequently, Pirate Water Taxi, LLC’s motion for default judgment is granted.
Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Sansone’s report and recommendation (Doc. 20) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) Pirate Water Taxi’s Motion for Default Judgment Against Non-Appearing Unknown Potential Claimants (Doc. 17) is hereby GRANTED.
(3) The Clerk is directed to enter judgment in favor of Petitioner Pirate Water Taxi, LLC, and against John Doe and all non-appearing unknown potential claimants that have not appeared but may have a claim against Pirate Water Taxi. (4) Pirate Water Taxi is exonerated from any responsibility, loss, damage, or Page 2 of 3 injury, from any and all claims arising out of the incident described in the Petition for Exoneration from or Limitation of Liability against John Doe and all non-appearing unknown potential claimants. See (Doc. 1). DONE and ORDERED in Chambers, in Tampa, Florida, this 29th day of December, 2020.
Yh □ -TOMBARBER □ ass—(i‘“—C:;s*s~™S UNITED STATES DISTRICT JUDGE
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