MORGAN HOWARTH
v.
AVERSA LANDSCAPING FL INC.
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The court adopted the magistrate judge's report and recommendation, granting the plaintiff's motion for entry of final judgment by default.
The plaintiff filed a motion for entry of final judgment by default against the defendant. The magistrate judge recommended granting this motion. No o…
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This matter is before the Court on consideration of the report and recommendation of Amanda A. Sansone, United States Magistrate Judge, entered on August 26, 2025. (Doc. 17). Judge Sansone recommends that "Plaintiff's Motion for Entry of Final Judgment by Default Against Defendant Aversa Landscaping FL Inc., and Incorporated Memorandum of Law” (Doc. 16) be granted. No party has objected, and the time to do so has expired.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Camby v. Davis, 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). A district court must "make a de novo determination of those portions of the [report and recommendation] to which an objection is made." 28 U.S.C. § 636(b)(1)(C). When no objection is filed,
a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006); Nettles v. Wainwright, 677 F. 2d 404, 409 (5th Cir. 1982).
Upon due consideration of the record, including Judge Sansone's wellreasoned report and recommendation, the Court adopts the report and recommendation. Consequently, Plaintiffs motion to confirm arbitration award and for entry of default judgment is granted.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1) The report and recommendation (Doc. 17) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
(2) "Plaintiff's Motion for Entry of Final Judgment by Default Against Defendant Aversa Landscaping FL Inc., and Incorporated Memorandum of Law” (Doc. 16) is GRANTED.
(3) The Clerk is directed to enter a final judgment in favor of Plaintiff Morgan Howarth, and against Defendant Aversa Landscaping FL Inc., in the amount of $25,000.00, plus post-judgment interest. Following the entry of judgment, the Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case.
(4) Plaintiff is entitled to an award of attorney's fees and costs. Plaintiff is directed to file a separate motion to establish the amount and provide supporting documentation, in accordance with Local Rule 7.01.
(5) Plaintiff is entitled to a permanent injunction against Defendant. Plaintiff is directed to file a proposed permanent injunction on or before October 16, 2025.
DONE and ORDERED in Chambers, in Tampa, Florida, this 2nd day of October, 2025.
TOM BARBER
UNITED STATES DISTRICT JUDGE
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Citator
Authorities Cited
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)