SIGNATURE FINANCIAL LLC
v.
SAMANTHA S. LINDSAY, M.D.

M.D. Fla. | 2022-12-20
No. 8:22-cv-1906
District Court, M.D. Florida (2022)

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Holding

The court adopted the magistrate judge's report and recommendation, granting Plaintiff's motion for default judgment in part.


Facts & Procedural History

Plaintiff filed a motion for default judgment against Defendant Samantha S. Lindsay. The magistrate judge recommended granting the motion in part. No …

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Opinion of the Court

d/b/a/ SIGNATURE FINANCIAL

AND LEASING LLC

Plaintiff,

v. Case No. 8:22-cv-1906-VMC-AAS

SAMANTHA S. LINDSAY d/b/a FAMILY FIRST WELLNESS, and SAMANTHA S. LINDSAY, individually,

Defendants.

_______________________________/

ORDER

This matter is before the Court on consideration of United States Magistrate Judge Amanda Arnold Sansone’s Report and Recommendation (Doc. # 13), filed on November 28, 2022, recommending that Plaintiff’s Motion for Default Judgment against Samantha S. Lindsay (Doc. # 10) be granted in part. As of the date of this Order, no objections have been filed and the time for filing objections has lapsed. The Court accepts and adopts the Report and Recommendation and grants Plaintiff’s Motion as stated herein. Discussion 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); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993

F. 2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendation. 28 U.S.C. § 636(b)(1)(C). The district judge 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); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F. 3d 116 (11th Cir. 1994). After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual

findings and legal conclusions of the magistrate judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 13) is ACCEPTED and ADOPTED. Plaintiff Signature Financial LLC’s Motion for Default Judgment (Doc. # 10) is GRANTED in part. (2) The Clerk is directed to enter default judgment in favor of Signature Financial LLC and against Samantha S. Lindsay as to Count II of Signature Financial LLC’s Complaint (Doc. # 1), in the amount of $245,227.87, with post-judgment interest to accrue at the statutory rate. DONE and ORDERED in Chambers in Tampa, Florida, this loth day of December, 2022.

Eigen Maca ee VIRGINIA M. HERNANDEZ*COVINGTON

UNITED STATES DISTRICT JUDGE


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