IVAN R. FREITES
v.
MEDINA, ET AL.

S.D. Fla. | 2026-01-13
No. 25-cv-20465
2026 FFL 1040 District Court, S.D. Florida (2026)

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Holding

The court adopted the magistrate judge's report and recommendation, denying the plaintiffs' motions.


Headnotes

[1] A district court must conduct a de novo review of a magistrate judge's report and recommendation when timely objections are filed.

[2] A district court may adopt a magistrate judge's report and recommendation if it finds the report to be well-reasoned and correct, even without timely objections.

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Key Quotes

“Upon review, the Court finds Judge Elfenbein's Report and Recommendation to be well reasoned and correct. The Court therefore agrees with the analysis and concludes that Plaintiffs' Motions are due to be denied.”

Establishes the court's adoption of the magistrate judge's recommendation and denial of plaintiffs' motions for relief from final judgment and injunctive relief.

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Facts & Procedural History

Plaintiffs filed motions for an evidentiary hearing, relief from judgment, and a preliminary injunction. The magistrate judge recommended denying thes…

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Opinion of the Court

THIS CAUSE is before the Court upon Plaintiffs Ivan R. Freites, Miguel E. Otero, and Jorge Alejandro Rodriguez's (“Plaintiffs”) pro se Expedited Motion for Evidentiary Hearing and Relief from Final Judgment Pursuant to Federal Rule of Civil Procedure 60(b)(2)–(3) (“Rule 60(b) Motion”), ECF No. [218], and Motion for Preliminary Injunctive Relief to Enjoin Improper Coordination Between Defense Counsel (“Motion for Injunction”), ECF No. [269] (collectively, the "Motions"). The Court referred the Motions to Magistrate Judge Marty Fulgueira Elfenbein for a Report and Recommendations. See ECF No. [226]; ECF No. [271]. Judge Elfenbein issued her Report and Recommendation on December 24, 2025, recommending that the Motions be denied. See ECF No. [307].

The Report and Recommendation further advised the parties they have “fourteen (14) days from the date of being served with a copy of th[e] Report and Recommendation within which to file written objections, if any, with [this Court].” Id. To date, the parties have not filed objections, nor have they sought additional time to file objections. Nonetheless, the Court has conducted a de novo review of Judge Elfenbein's Report and Recommendation and the record and is otherwise fully advised in the premises. See Williams v. McNeil, 557 F. 3d 1287, 1291 (11th Cir. 2009) (citing

Case No. 25-cv-20465-BLOOM/Elfenbein

28 U.S.C. § 636(b)(1)). Upon review, the Court finds Judge Elfenbein's Report and Recommendation to be well reasoned and correct. The Court therefore agrees with the analysis and concludes that Plaintiffs' Motions are due to be denied.

Accordingly, it is ORDERED and ADJUDGED as follows:

1. The Report and Recommendation, ECF No. [307], is ADOPTED. 2. Plaintiffs' Rule 60(b) Motion, ECF No. [218], is DENIED. 3. Plaintiffs' Motion for Injunction, ECF No. [269], is DENIED. 4. Defendants' requests for the sanction of a pre-filing injunction against Plaintiffs contained in their Responses to Plaintiffs' Motions, see ECF No. [221] at 13–15; ECF No. [222]; ECF No. [272] at 12–14; and ECF No. [274], are DENIED.

DONE and ORDERED in Chambers in Miami, Florida, on January 12, 2026.

BETH BLOOM UNITED STATES DISTRICT JUDGE

Copies to:

Counsel of record

Ivan R. Freites C. c/o Villasana 4370 NW 107th Ave, Apt. 102 Doral, FL 33178 PRO SE

Miguel Enrique Otero C.

[email protected] Eichholzstrasse 2, 6312-steinhausen, CH PRO SE

2

Case No. 25-cv-20465-BLOOM/Elfenbein

Jorge Alejandro Rodriguez M.

Eichholzstrasse 2, 6312-steinhausen, CH [email protected] PRO SE

3


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