GARCIA
v.
CONSUMER CREDIT UNION
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The District Court adopted a Magistrate Judge's recommendation granting defendants' motion to quash service of process and denying plaintiff's motion for cease-and-desist. The Court ordered plaintiff to properly serve the defendants by January 5, 2025, or face dismissal without prejudice.
The Court granted the defendants' motion to quash service of process and denied plaintiff's motion for cease-and-desist. The Court ordered plaintiff to properly perfect service on defendants by January 5, 2025, or face dismissal without prejudice.
[1] A magistrate judge's factual findings are adopted and incorporated into a district court's opinion when no timely objections are filed to the report and recommendation.
[2] A motion to quash service of process is granted when the court finds the service to be improper.
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Join FLexlaw to unlock all legal intelligence“As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 67] are hereby adopted and deemed incorporated into this opinion.”
Establishes the standard for reviewing the Magistrate Judge's report when no objections are timely filed.
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Join FLexlaw to unlock all legal intelligencePlaintiff Lisadro Manzanet Garcia filed suit against defendants ARG Recovery Southwest Inc. and ARG Recovery Specialist. Defendants moved to quash ser…
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RECOMMENDATION OF MAGISTRATE JUDGE [DE 67]
THIS CAUSE is before the Court upon Defendants ARG Recovery Southwest Inc. and AGR Recovery Specialist's Motion to Quash Service of [DE 25] Plaintiff's Motion for Ceaseand-Desist and Return the Seized Property Until Court Judgment Is Reached (“Motion for Cease-and-Desist”) [DE 37], and the November 18, 2024 Report and Recommendation to District Judge, entered by Magistrate Judge Matthewman (the “Report”) [DE 67]. The Court notes that no objections to the Report [DE 67] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 67] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F. 2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993).
Although no timely objections were filed, the Court has conducted a de novo review of the
1
Report [DE 67] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge's analysis and conclusions.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report [DE 67] is hereby ADOPTED and APPROVED as follows: a. The Motion to Quash [DE 25] is hereby GRANTED; b. The Motion for Cease-and-Desist [DE 37] is hereby DENIED;
2. Plaintiff shall properly perfect service on Defendants AGR Recovery Specialist and AGR Recovery Southwest, Inc. on or before January 5, 2025. Failure to do so will result in immediate dismissal of Defendants AGR Recovery Specialist and AGR Recovery Southwest, Inc. without prejudice.
3. The Clerk is DIRECTED to mail a copy of this Report and Recommendation to Plaintiff Lisadro Manzanet Garcia at 3839 Sierra Drive, Palm Springs, FL 33461.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 5th day of December 2024.
William P. Dimitrouleas
WILLIAM P. DIMITROULEAS
United States District Judge
Copies to: Counsel of Record
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Authorities Cited
- LoCONTE v. Dugger, 847 F.2d 745 (11th Cir. 1988)
- Resolution Tr. Corp. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993)
- LoConte v. Dugger, 488 U.S. 958 (U.S. 1988)