Donovan v. Fay Servicing LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO.: 24-cv-60962-GAYLES/AUGUSTIN-BIRCH THIN DONOVAN, Plaintiff, v. FAY SERVICING LLC, et al., Defendants. ___________________________________/ ORDER THIS CAUSE comes before the Court on Defendants’ Motion to Dismiss Complaint (the “Motion”). [ECF No. 26]. The action was referred to Magistrate Judge Panayotta Augustin-Birch, pursuant to 28 U.S.C. § 636(b)(1)(B), for a ruling on all pretrial, non-dispositive matters, and for a Report and Recommendation on any dispositive matters. [ECF No. 30]. On August 23, 2024, Judge Augustin-Birch issued her report recommending that the Motion be granted (the “Report”). [ECF No. 36]. No party has objected to the Report. On September 18, 2024, Plaintiff filed an Unopposed Motion to Amend the Complaint. [ECF No. 40].1 A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific On September 4, 2024, Plaintiff, without leave of Court, filed an Amended Complaint. [ECF No. 37]. objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006).

The Court has reviewed the Report for clear error and agrees with Judge Augustin-Birch’s well-reasoned analysis and findings. Accordingly, it is ORDERED AND ADJUDGED as follows: (1) Judge Augustin Birch’s Report and Recommendation, [ECF No. 36], is ADOPTED in full; (2) Defendants’ Motion to Dismiss Complaint, [ECF No. 26], is GRANTED, and Plaintiff's Complaint is DISMISSED. (3) Plaintiff's Unopposed Motion to Amend the Complaint, [ECF No. 40], is granted.

Defendants shall respond to Plaintiff's Amended Complaint, [ECF No. 37], on or before October 18, 2024..

DONE AND ORDERED in Chambers at Miami, Florida, this 19th day of September, 2024.

of UNITED STATES DI CT JUDGE