ITOW.BOATS, LLC
v.
M/V EMPIRE III
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ITOW.Boats, LLC sought to enforce a settlement agreement against The Empire Yachtz, LLC in a maritime dispute involving a 2005 Azimut motor vessel. The district court adopted the Magistrate Judge's recommendation and granted plaintiff's motion to enforce the settlement agreement, entering final judgment against the defendant.
The court granted plaintiff's motion to enforce the settlement agreement and entered final judgment against defendant The Empire Yachtz, LLC for $35,000.00, reserving jurisdiction to award attorney's fees and costs to plaintiff.
[1] A court adopts a magistrate judge's report and recommendation when no timely objections are filed.
[2] A court conducts a de novo review of a magistrate judge's report and recommendation even if no timely objections are filed.
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Join FLexlaw to unlock all legal intelligenceITOW.Boats, LLC filed suit against M/V Empire III (a 2005 50 Azimut motor vessel) in rem and against The Empire Yachtz, LLC. The parties had reached a…
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JUDGE; GRANTING MOTION TO ENFORCE SETTLEMENT AGREEMENT THIS CAUSE is before the Court upon Plaintiff's Motion to Enforce Settlement Agreement [DE 35], and the December 22, 2023 Report and Recommendation of Magistrate Judge Patrick M. Hunt (the “Report”) [DE 42]. The Court notes that no objections to the Report [DE 42] have been filed, and the time for filing such objections has passed.¹ As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 42] 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 Report [DE 42] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge's analysis and conclusion that the Court should enter final judgment
Case 0:22-cv-61743-WPD Document 43 Entered on FLSD Docket 01/02/2024 Page 2 of 2 against Defendant The Empire Yachtz, LLC for $35,000.00 and reserve jurisdiction to award attorney's fees and costs to Plaintiff.
Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 42] is hereby ADOPTED and APPROVED; 2. Plaintiff's Motion to Enforce Settlement Agreement [DE 35] is hereby GRANTED.
3.
Pursuant to Federal Rule of Civil Procedure Rule 58, the Court will enter a separate final judgment. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 2nd day of January 2024. ulban
WILLIAM P. DIMITROULEAS
United States District Judge Copies to: Counsel of Record Magistrate Judge Patrick M. Hunt 1 The Magistrate Judge shortened the time period for filing objections.
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Citator
Authorities Cited
- LoCONTE v. Dugger, 847 F.2d 745 (11th Cir. 1988)
- LoConte v. Dugger, 488 U.S. 958 (U.S. 1988)