Paradise Family, LLC v. Potential Claimant(s)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

IN THE MATTER OF THE COMPLAINT OF PARADISE FAMILY, LLC, AS OWNER, AND ANOTHER DAY IN PARADISE Case No. 8:20-cv-2056-60AAS BOAT CLUB, LLC, AS OWNER PRO HAC VICE, OF THE 2018 22’ COBIA M/V REEL ADVENTURE / 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 11, 2020. (Doc. 23). Judge Sansone recommends that Petitioners’ motion for default judgment against potential claimants (Doc. 22) be granted and default judgment be entered against all potential claimants that have not appeared but may have a claim against Petitioners. 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, Petitioners’ motion for default judgment is granted.

Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Sansone’s report and recommendation (Doc. 23) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) Petitioners’ Motion for Default Judgment against Potential Claimant(s) (Doc.

22) is hereby GRANTED. (3) The Clerk is directed to enter judgment in favor of Petitioners Paradise Family, LLC and Another Day in Paradise Boat Club, LLC, and against all potential claimants that have not appeared but may have a claim against Petitioners. (4) Petitioners are exonerated from any responsibility, loss, damage, or injury, from any and all claims arising out of the incident described in the Petition Page 2 of 3 for Exoneration from or Limitation of Liability (Doc. 1) against potential claimant(s) who failed to file or otherwise state a claim.

DONE and ORDERED in Chambers, in Tampa, Florida, this 28th day of December, 2020.

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TOM BARBER UNITED STATES DISTRICT JUDGE Page 3 of 3