AMI Professional Group, Inc. v. Doe

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IN THE MATTER OF THE COMPLAINT OF AMI PROFESSIONAL GROUP, INC. d/b/a ANNA MARIA ISLAND DOLPHIN TOURS FOR EXONERATION FROM OR LIMITATION OF LIABILITY AS OWNER OF THE SALTY DOLPHIN III, 2018 CAROLINA SKIFF, HULL IDENTIFICATION NUMBER – EKHM0711E818, Petitioner/Counter-Respondent, v. Case No. 8:21-cv-1866-TPB-AAS DELORIS HENSON, Claimant/Third-Party Plaintiff, v. JOSEPH EUGENE SWEET and JOSEPH J. CURLEY, Third-Party Respondents/ Third-Party Defendants. ________________________________________/ 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 May 24, 2022. (Doc. 52). Judge Sansone recommends that Petitioner Joseph Curley’s motion for default judgment against all non-appearing potential claimants be granted, and a judgment of exoneration by default against all parties and claimants having an interest in this matter as well as other claims, other than the claims filed by Claimant Carney in this proceeding. 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 well-reasoned factual findings and legal conclusions.

Consequently, Petitioner Joseph Curley’s motion for default judgment is granted.

Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Sansone’s report and recommendation (Doc. 52) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) Petitioner Joseph Curley’s motion for default judgment against all non- appearing potential claimants (Doc. 47) is hereby GRANTED. (3) The Clerk is directed to enter a judgment of exoneration by default against all parties and claimants having an interest in this matter as well as any other potential claims, other than the claims filed by Claimant Carney in this proceeding. (4) Petitioner Joseph Curley is exonerated from any responsibility, loss, damage, or injury from all claims arising out of the Incident involving the vessel on August 7, 2020, except for the claims timely filed by Claimants AMI and Ms. Henson.

DONE and ORDERED in Chambers, in Tampa, Florida, this 22nd day of June, 2022.

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