UNITED STATES

v.

ESTATE OF DEAN R. DANIELSEN

M.D. Fla. | 2020-10-21

No. 2:19-cv-496

District Court, M.D. Florida (2020)

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Holding

The court adopted the Magistrate Judge's Report and Recommendation, granting the Plaintiff's motion for default judgment.

Facts & Procedural History

The Plaintiff, United States of America, filed a motion for default judgment against the Estate of Dean R. Danielsen. The Magistrate Judge issued a Re…

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Topics

De Novo Review Of Factual Findings (In Absence Of Objections) Magistrate Judge'S Report And Recommendation Review Legal Conclusions De Novo Review Of Legal Conclusions

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Opinion of the Court

ESTATE OF DEAN R. DANIELSEN, through personal representative Paige A. Showalter,

Defendant. /

ORDER1

Before the Court is United States Magistrate Judge Nicholas P. Mizell’s Report and Recommendation (“R&R”) (Doc. 21). The R&R considers Plaintiff’s Corrected Motion for Default Judgment (Doc. 20). Neither party timely objected, so the matter is ripe for review. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge’s R&R. See 28 U.S.C. § 636(b)(1); see also 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

Accordingly, it is now ORDERED: (1) The Report and Recommendation (Doc. 21) is ACCEPTED and ADOPTED and incorporated into this Order. (2) Plaintiffs Corrected Motion for Default Judgment (Doc. 20) is

GRANTED.

(3) The Clerk is DIRECTED to enter a default judgment in favor of the United States of America against the Estate of Dean R. Danielsen, through personal representative Paige A. Showalter, in the amount of $6,418,880.09. (4) The Clerk is DIRECTED to terminate all pending motions or deadlines and close the file. DONE and ORDERED in Fort Myers, Florida on October 21, 2020.

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

Footnotes

1 Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. or in part, the findings and recommendations, 28 U.S.C. § 636(b)(4)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F. 3d 603, 604 (41th Cir. 1994). After a careful, complete, and independent examination of the file, the Court accepts and adopts the R&R in full.

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Citator

Authorities Cited

Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)

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