Southwest Florida Maritime, Inc., d/b/a Sea Tow Fort Myers
Southwest Florida Maritime, Inc., d/b/a Sea Tow Fort Myers
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION IN THE MATTER OF:
THE COMPLAINT AND PETITION OF SOUTHWEST FLORIDA MARITIME, INC., Case No. 2:20-cv-00552-JLB-NPM d/b/a SEA TOW FORT MYERS, and its stockholders, as owners and/or owners pro hac vice of a 1987 24’ XDC Fiberglass Outboard Vessel, Registration Number FL4439SJ, including her engines, gear, tackle, appurtenances, equipment, furniture, etc., for exoneration from and/or limitation of liability,
Petitioners. / ORDER The Magistrate Judge filed a Report and Recommendation (“R&R”) in this matter on December 15, 2020, recommending that Petitioners’ motion for final judgment of exoneration of liability be granted in this admiralty action. (Doc. 21.) No objections have been filed. A district judge may accept, reject, or modify the magistrate judge’s R&R.
28 U.S.C. § 636(b)(1). The factual findings in the R&R need not be reviewed de novo in the absence of an objection, but legal conclusions are always reviewed de novo. Id.; Cooper-Houston v. Southern Ry. Co.,
37 F.3d 603, 604(11th Cir. 1994); Garvey v. Vaughn,
993 F.2d 776, 779 n.9 (11th Cir. 1993). After an independent review of the record—and noting that no objections have been filed—the Court agrees with the well-reasoned R&R. Petitioners have complied with all the procedural obligations of Supplemental Rule 4(F), and default judgment should therefore be entered against potential claimants who have failed to file or otherwise state a claim in response to the Complaint and Petition for Exoneration from and/or Limitation of Liability. (Doc. 1.) Accordingly, it is ORDERED: 1. The Report and Recommendation (Doc. 21) is ADOPTED. 2. Petitioner’s Motion for Entry of Final Judgment of Exoneration of Liability (Doc. 20) is GRANTED. 3. The Clerk SHALL enter a default judgment against all claimants who have not timely filed claims or responded to the Complaint and Petition for Exoneration from and/or Limitation of Liability. (Doc. 1.) 4, Petitioners SHALL be exonerated from all liability arising out of the incident described in the Complaint and Petition for Exoneration from and/or Limitation of Liability. (Doc. 1.) 5. The Clerk is directed to close the case. ORDERED in Fort Myers, Florida, on January 13, 2021.
JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE
Reference
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