IN RE: 2004 21' POLAR BOATS RUNABOUT VESSEL HIN NUMBER MJIA6058H304, HER ENGINES, TACKLE, AND APPURTENANCES
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Slade Mongelli petitioned for exoneration from liability regarding a 2004 Polar Boats vessel in admiralty. The district court adopted the magistrate judge's report and recommendation, granting Mongelli's motion for default judgment for exoneration against all claimants who failed to file claims in the action.
The court granted Mongelli's motion for default judgment for exoneration from liability against all claimants who failed to file claims in the action. Final judgment for exoneration by default was entered in favor of the petitioner.
[1] A district court must conduct a de novo determination of portions of a magistrate judge's report and recommendation to which an objection is made.
[2] When no objection is filed to a magistrate judge's report and recommendation, a district court reviews the report for clear error.
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Join FLexlaw to unlock all legal intelligenceSlade Mongelli is the title owner of a 2004 21' Polar Boats Runabout vessel with HIN# MJIA6058H304. Mongelli filed a petition for exoneration from lia…
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This matter is before the Court on consideration of the report and recommendation of Christopher P. Tuite, United States Magistrate Judge, entered on February 2, 2024. (Doc. 27). Judge Tuite recommends that Petitioner's “Motion for Entry of Final Default Judgment for Exoneration from Liability Against all Claimants not Filing a Claim in this Action" (Doc. 25) be granted. No party has objected, and the time to object 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 Tuite's report and recommendation, the Court adopts the report and recommendation. Consequently,
Petitioner's motion for default judgment is granted.
Accordingly, it is ORDERED, ADJUDGED, and DECREED:
(1) The report and recommendation (Doc. 27) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
(2) Petitioner's “Motion for Entry of Final Default Judgment for Exoneration from Liability Against all Claimants not Filing a Claim in this Action” (Doc. 25) is hereby GRANTED.
(3) The Clerk is directed to enter Final Judgment for Exoneration by Default in favor of the Petitioner and against all claimants who have not filed claims in this action. Following the entry of judgment, the Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 29th day of February, 2024.
TOM BARBER
UNITED STATES DISTRICT JUDGE
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Citator
Authorities Cited
- Ennis Nettles v. Louie L. Wainwright, 677 F.2d 404 (5th Cir. 1982)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)