POPOCA
v.
SIMPSON ENVIRONMENTAL SERVICES, LLC
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The court adopted the magistrate judge's recommendation to grant default judgment in part and deny it in part, awarding plaintiff $9,042.00 in damages and dismissing collective action allegations.
Plaintiff moved for default judgment against defendant. The Magistrate Judge recommended granting the motion in part, awarding $9,042.00 in damages an…
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This matter is before the Court on consideration of the report and recommendation of Julie S. Sneed, United States Magistrate Judge, entered on January 24, 2022. (Doc. 9). Judge Sneed recommends that “Plaintiff’s Motion for Default Judgment Against Defendant Simpson Environmental Services, LLC” (Doc. 8) be granted in part and denied in part. Specifically, Judge Sneed recommends that default judgment be entered in favor of Plaintiff, and against Defendant, in the total amount of $9,042.00. Judge Sneed further recommends that the Court dismiss the collective action allegations in the complaint. No party has filed an objection, 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); 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, the Court adopts the report and recommendation. The Court agrees with Judge Sneed’s detailed and well-reasoned factual findings and legal conclusions. Consequently, Plaintiff’s motion for default judgment is granted in part and denied in part.
Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Sneed’s report and recommendation (Doc. 9) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) “Plaintiff’s Motion for Default Judgment Against Defendant Simpson Environmental Services, LLC” (Doc. 8) is hereby GRANTED IN PART and
DENIED IN PART.
(3) Plaintiff is to be awarded damages totaling $9,042.00.1 (4) The collective action allegations of the complaint are DISMISSED. (6) The Clerk is DIRECTED to enter final default judgment in favor of Plaintiff Noe Popoca, and against Defendant Simpson Environmental Services, LLC,
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UNITED STATES DISTRICT JUDGE
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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)