The Gray Insurance Company v. Little Road Express Wash, Inc.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION THE GRAY INSURANCE COMPANY, Plaintiff, v. Case No. 8:24-cv-01507-KKM-AEP LITTLE ROAD EXPRESS WASH, INC., d/b/a, PAUL JALLO LITTLE ROAD EXPRESS WASH INC., et al., Defendants.

ORDER e United States Magistrate Judge recommends granting the plaintiff’s renewed motion for default judgment (Doc. 126). e deadline to object to the Magistrate Judge’s Report and Recommendation has passed without either party lodging an objection.

Considering the record, the Court adopts the Report and Recommendation.

After conducting a review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge’s Report and Recommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and specific objection to a finding of fact by a magistrate judge, the district court must conduct a de novo review with respect to that factual issue. , 952 F.2d 1567, 1576 (11th Cir. 1992). e district court reviews legal conclusions de novo, even in the absence of an objection. , 37 F.3d 603, 604 (11th Cir. 1994); , 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019).

In the absence of any objection and after reviewing the factual allegations and legal conclusions, I adopt the Report and Recommendation.

Accordingly, it is ORDERED: 1. e Magistrate Judge’s Report and Recommendation (Doc. 126) is ADOPTED and made a part of this Order for all purposes.

2. e Plaintiff’s renewed motion for default judgment against Defendant Alvarez Plumbing Co. as to Count II (Doc. 125) is GRANTED.

3. e Clerk is directed to ENTER A DECLARATORY JUDGMENT which shall read “Judgment is entered in favor of Plaintiff Gray Insurance Company and against Defendant Alvarez Plumbing Co. e Bond (including the Payment Bond) is void because the April Contract that is the subject of the Bond was never executed. Gray did not bond the October Contract and is not obligated to pay for labor and materials provided by the Lien Claimants and Alvarez.”

4. e Clerk is directed to CLOSE this case and terminate any pending deadlines.

ORDERED in Tampa, Florida, on March 3, 2025.

pate 4 Mizelle United States District Judge