UNITED STATES LIABILITY INSURANCE COMPANY
v.
INTERNATIONAL YACHT BROKER'S ASSOC. INC.
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The District Court adopted a magistrate judge's report and recommendation, granting summary judgment in favor of United States Liability Insurance Company against International Yacht Broker's Association Inc. The court found that plaintiff's motion for summary judgment should be granted and defendant's motion for partial summary judgment should be denied.
The district court adopted the magistrate judge's report and recommendation in full, granting plaintiff's motion for summary judgment and denying defendant's motion for partial summary judgment.
“A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1)(C).”
Establishes the legal standard of review for magistrate judge reports in the district court.
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THIS CAUSE comes before the Court on the Omnibus Report and Recommendation of Magistrate Judge Ellen F. D'Angelo (the “Report”). [ECF No. 57]. On September 30, 2024, Plaintiff filed a Motion for Summary Judgment (“Plaintiffs Motion”). [ECF No. 15]. On October 28, 2024, Defendant filed a Motion for Partial Summary Judgment (“Defendant's Motion”). [ECF No. 23]. On August 5, 2025, Judge D'Angelo issued her Report recommending that Plaintiff's Motion be granted and Defendant's Motion be denied. [ECF No. 57]. On August 19, 2025, Defendant timely objected to the Report. [ECF No. 58]. On August 28, 2025, Plaintiff filed a response to Defendant's objection. [ECF No. 60].
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1)(C). The objected portions of the report and recommendation are accorded de novo review if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F. 3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made
are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). The Court has conducted a de novo review of the record, including the Report, the Motions, Defendant's objection, and Plaintiff's response. The Court agrees with Judge D'Angelo's well-reasoned analysis and conclusion that Plaintiff's Motion should be granted and Defendant's Motion should be denied.
CONCLUSION
Therefore, it is ORDERED AND ADJUDGED as follows:
(1) The Report and Recommendation, [ECF No. 57], is ADOPTED in full. (2) Plaintiff's Motion for Summary Judgment, [ECF No. 15], is GRANTED. (3) Defendant's Motion for Partial Summary Judgment, [ECF No. 23], is DENIED. (4) This case is CLOSED. (5) Pursuant to Fed. R. Civ. P. 58, final judgment will be entered by separate order. DONE AND ORDERED in Chambers at Miami, Florida, this 19th day of September, 2025.
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE
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Citator
Authorities Cited
- United States v. Schultz, 565 F.3d 1353 (11th Cir. 2009)
- Liberty Am. Ins. Grp., Inc. v. Westpoint Underwriters, L.L.C., 2001 WL 1850837 (M.D. Fla. 2001)