Freedom Boat Club, LLC
Freedom Boat Club, LLC
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
FREEDOM BOAT CLUB, LLC, as owner, for exoneration from or limitation of liability, of a 2019 Scout 210 Dorado Vessel, Hull ID No. SLPGS494E819,
Petitioner, Case No.: 2:21-cv-95-SPC-NPM / ORDER1 Before the Court is United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (“R&R”). (Doc. 29). Judge Mizell recommends entering default judgment against all potential claimants except Eileen Hayes. Nobody timely objected. And the matter is ripe for review. After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” the magistrate judge’s R&R.
28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the R&R de novo. See Garvey v. Vaughn,
993 F.2d 776, 779 n.9 (11th Cir. 1993). Instead, when parties don’t object, a district court need only correct plain error
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. as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp.,
648 F. App’x 787, 790(11th Cir. 2016); Thomas v. Arn,
474 U.S. 140, 150-52(1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (8) “it affected substantial rights”; and (4) “not correcting the error would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins.,
197 F.3d 1322, 1329 (11th Cir. 1999). After careful consideration and an independent review of the case, the Court finds no plain error. So it accepts and adopts the R&R in full. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 29) is ACCEPTED and ADOPTED and the findings incorporated herein. 2. Petitioner Freedom Boat Club LLC’s Motion for Default Judgment (Doc. 25) is GRANTED. 3. The Clerk is DIRECTED to enter a default judgment of exoneration in favor of Freedom Boat Club against all potential claimants, except Eileen Hayes. DONE and ORDERED in Fort Myers, Florida on November 23, 2021.
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record
Reference
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