INTERNATIONAL SHIP REPAIR AND MARINE SERVICES, INC.
v.
M/T FPSO ECO III
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The court adopted the Magistrate Judge's Report and Recommendation, granting the plaintiff's motion for default judgment.
[1] A district court may adopt a magistrate judge's Report and Recommendation without conducting de novo review when no party files a timely and specific objection.
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Join FLexlaw to unlock all legal intelligencePlaintiff International Ship Repair and Marine Services, Inc. moved for default judgment against the M/T FPSO Eco III. The Magistrate Judge recommende…
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The United States Magistrate Judge recommends granting International Ship Repair and Marine Services, Inc.'s motion for default judgment against M/T FPSO Eco III. (Docs. 22, 27). The 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. Stokes v. Singletary, 952 F. 2d 1567, 1576 (11th Cir. 1992). The district court 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); Ashworth v. Glades Cnty. Bd. of Cnty. Commʼrs, 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 Magistrate Judge's Report and Recommendation.
Accordingly, it is ORDERED:
1. The Magistrate Judge's Report and Recommendation (Doc. 27) is ADOPTED and made a part of this Order for all purposes.
2. Plaintiff's Motion for Default Judgment (Doc. 22) is GRANTED.
3. The Clerk is directed to ENTER JUDGMENT in favor of International Ship Repair and Marine Services, Inc., and against M/T FPSO Eco III which shall read: “Judgment is entered in favor of International Ship Repair and Marine Services, Inc., and against M/T FPSO Eco III in the amount of $514,681.45 for damages, $175,680.98 for custodia legis expenses, plus pre-judgment interest and custodia legis expenses for the Vessel from September 10, 2025, through the date when this Court confirms the sale of the Vessel."
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4. The U.S. Marshal is directed to conduct the sale of the Vessel, her engines, tackle, apparel, furniture, equipment, appurtenances, and all other necessaries thereunto appertaining and belonging to the Vessel, in accordance with Rule E(9) of the Supplemental Admiralty Rules and the Local Admiralty and Maritime Practice Manual 5(r).
5. International Ship Repair and Marine Services, Inc. is granted permission to credit bid its judgment at the public sale of the Vessel.
6. The Clerk is directed to CLOSE this case and TERMINATE any pending motions or deadlines.
ORDERED in Tampa, Florida, on December 9, 2025.
Kathryn Kimball Mizelle United States District Judge
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