CCI-KCE, LLC
v.
ALL GAS, LLC
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The court adopted the Magistrate Judge's recommendation to grant the plaintiff's motion for default judgment as to liability and enter a final default judgment.
Plaintiff moved for a default judgment against Defendant. The Magistrate Judge recommended granting the motion and entering a final default judgment f…
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THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 38; Report), entered by the Honorable Joel B. Toomey, United States Magistrate Judge, on November 14, 2022. In the Report, Judge Toomey recommends that Plaintiff’s Renewed Motion for Default Judgment as to Liability Against Defendant All Gas, LLC (Dkt. No. 31; Motion) be granted and that a final default judgment be entered in favor of Plaintiff and against Defendant in the amount of $532,711.38. See Report at 1, 10. No objections to the Report have been filed, and the time for doing so has now passed. The Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Pursuant to Rule 72, Federal Rules of Civil Procedure (Rule(s)), the Court “must determine de novo any part of the magistrate judge’s disposition that has been properly objected to.” See Rule 72(b)(3); see also 28 U.S.C. § 636(b)(1).
However, a party waives the right to challenge on appeal any unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1.1 As such, the Court reviews those portions of the Magistrate Judge’s findings to which no objection was filed for plain error and only if necessary, in the interests of justice. See id.;
see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not appear that Congress intended to require district court review of a magistrate [judge’s] factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”); Dupree v. Warden, 715 F. 3d 1295,
1304-05 (11th Cir. 2013) (recommending the adoption of what would become 11th Circuit Rule 3-1 so that district courts do not have “to spend significant amounts of time and resources reviewing every issue—whether objected to or not.”).
Upon independent review of the file and for the reasons stated in the Magistrate Judge’s Report, the Court will accept and adopt the legal and factual conclusions recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
United States District Judge
ja Copies to: Counsel of Record
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Citator
Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Dupree v. Warden, Attorney Gen., State of Ala., 715 F.3d 1295 (11th Cir. 2013)