WALTER AUTO LOAN TRUST
v.
ATLANTIC ACCEPTANCE CORP.
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The District Court for the Southern District of Florida adopted the Magistrate Judge's Report and Recommendation and entered final default judgment against Atlantic Acceptance Corporation in favor of Walter Auto Loan Trust. After Atlantic Acceptance Corporation failed to respond to the lawsuit, the court determined damages through an evidentiary hearing and awarded $5,160,562.68 to the plaintiff.
The Court adopted the Magistrate Judge's Report and Recommendation and entered final default judgment against Atlantic Acceptance Corporation in the amount of $5,160,562.68 in favor of Walter Auto Loan Trust. The Court will enter a separate final judgment pursuant to Federal Rule of Civil Procedure 58.
[1] A court may adopt a magistrate judge's report and recommendation regarding damages when no timely objections are filed.
[2] Factual findings in a magistrate judge's report are deemed incorporated into a court's opinion when no timely objections are filed.
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THIS CAUSE is before the Court on Plaintiffs' Verified Motion for Default Judgment Against Atlantic Acceptance Corporation [DE 69], filed on October 20, 2023, and the Report and Recommendation of Magistrate Judge Ryon M. McCabe (the “Report”) [DE 92], dated December 18, 2023.
On November 6, 2023, the Court granted the Verified Motion for Default Judgment Against Atlantic Acceptance Corporation [DE 69] and referred the issue of damages owed by Atlantic Acceptance Corp. to Magistrate Judge McCabe. See [DE 72]. Magistrate Judge McCabe held an evidentiary hearing on damages on November 30, 2023 and December 13, 2023, and issued a Report and Recommendation on December 18, 2023, recommending that the Court enter final default judgment in the amount of $5,160,562.68 in favor of Plaintiff Walter Auto Loan Trust. See [DE's 78, 87, 92]. The Court notes that no objections to the Report [DE 92] have been filed, and the time for filing such objections has passed. [fn 1] As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 92] 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 92] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge's reasoning and conclusions.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report [DE 92] is hereby ADOPTED and APPROVED.
2. Pursuant to Fed. R. Civ. P. 58, the Court will enter a separate final judgment against Defendant Atlantic Acceptance Corp.
3. The Clerk is DIRECTED to mail a copy of this Order to Defendant Atlantic Acceptance Corp. at the address listed below.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 2nd day of January, 2024.
/s/ WILLIAM P. DIMITROULEAS
WILLIAM P. DIMITROULEAS
United States District Judge
Copies furnished to: Counsel of record
Atlantic Acceptance Corp. c/o Rodriguez, Valentin, Esquire, as Registered Agent 2465 Mercer Avenue, Suite 301 West Palm Beach, Florida 33401
2
[fn 1]: The Magistrate Judge shortened the time for objections. See [DE 92] at p. 4 n.1.
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- 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)