New Castle Apartments LLC v. Tameka-Nicole: Family of Lingo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 25-61646-CIV-SMITH NEW CASTLE APARTMENTS LLC, Plaintiff, v. TAMEKA LINGO, Defendant. ______________________________________/ ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION This matter is before the Court upon the Magistrate Judge’s Report and Recommendation [DE 13] on Defendant’s Emergency Motion for Temporary Restraining Order and Preliminary Injunction [DE 5, 6] and Defendant’s Objections [DE 15]. In her thorough and well-reasoned Report and Recommendation, Magistrate Judge Augustin-Birch recommends that this case be REMANDED to the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, because Defendant has not shown that subject matter jurisdiction exists.

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 objections are 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).

The Court, having considered Judge Augustin-Birch’s Report, Defendant’s objections thereto, and having conducted a de novo review of the record, agrees with Judge Birch’s well- reasoned analysis and her recommendation that this case be remanded to the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, because this Court lacks subject matter jurisdiction.

Accordingly, it is ORDERED that: 1. The Magistrate Judge’s Report and Recommendation to District Judge [DE 13] is AFFIRMED and ADOPTED and incorporated by reference into this Court’s Order.

2. The Clerk is directed to REMAND this case to the Seventeenth Judicial Circuit in and for Broward County, Florida.

3. All pending motions not otherwise ruled upon are DENIED as moot.

4. This case is CLOSED.

5. The Clerk of Court is directed to mail a copy of this Order to Defendant Tameka Lingo at the address listed below and to make a notation of such on the docket.

DONE AND ORDERED in Fort Lauderdale, Florida on this 28th day of August 2025.

RODNEY SMITH UNITED STATES DISTRICT JUDGE ce: counsel of record Copy mailed to: Tameka Lingo 3400 NW 30th Street, Apt. 2 Lauderdale Lakes, FL 33311