Mont Claire at Pelican Marsh Condominium Association, Inc. v. Empire Indemnity Insurance Company

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MONT CLAIRE AT PELICAN MARSH CONDOMINIUM ASSOCIATION, INC., Plaintiff, v. Case No.: 2:19-cv-601-SPC-MRM EMPIRE INDEMNITY INSURANCE COMPANY, Defendant. / OPINION AND ORDER1 Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (“R&R”). (Doc. 77). Judge McCoy recommends, among other things, denying without prejudice Plaintiff Mont Claire at Pelican Marsh Condominium Association, Inc.’s Motion for Confirmation of Appraisal Award. Neither party objects to the R&R, and the time to do so has expired.

So the R&R 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 Disclaimer: Papers hyperlinked to CM/ECF may be subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or their services or products, nor does it have any agreements with them. The Court is not responsible for a hyperlink’s functionality, and a failed hyperlink does not affect this Order. in part,” a 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 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”; (3) “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: United States Magistrate Judge Mac R. McCoy’s Report and Recommendation (Doc. 77) is ACCEPTED and ADOPTED, and the findings incorporated herein.

1. Plaintiff’s Motion for Confirmation of Appraisal Award (Doc. 67) is DENIED without prejudice.

2. On or before September 26, 2022, the parties must file a joint notice that: a. addresses whether more discovery is needed to adjudicate the first and sixth affirmative defenses; and b. propose deadlines for discovery or motions for summary judgment on the first and sixth affirmative defenses.

3. The Clerk is DIRECTED to reassign this action to a United States Magistrate Judge sitting in the Fort Myers Division.

4, The Clerk is further DIRECTED to administratively close this case until further Court order.

DONE and ORDERED in Fort Myers, Florida on August 26, 2022.

UNITED STATES DISTRICT JUDGE Copies: All Parties of Record