Ain Jeem, Inc. v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

AIN JEEM, INC.,

Plaintiff, v. Case No. 8:21-cv-1331-VMC-AEP THE INDIVIDUALS, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A,

Defendants. _______________________________/

ORDER This matter comes before the Court upon consideration of United States Magistrate Judge Anthony E. Porcelli’s Report and Recommendation (Doc. # 66), filed on July 14, 2021, recommending that Defendant Hall of Fame Sports Memorabilia, Inc.’s Time-Sensitive Motion for Miscellaneous Relief (Doc. # 53) be granted. The Report and Recommendation indicates that Plaintiff Ain Jeem, Inc. “withdrew its request for entry of a preliminary injunction and the maintenance of a temporary restraining order and asset freeze against [Hall of Fame]” at the hearing on the Motion. (Id.). Additionally, on July 16, 2021, the parties filed a joint notice indicating that neither party objects to the Report and Recommendation. (Doc. # 74). Accordingly, the Court accepts and adopts the Report and Recommendation (Doc. # 66) and grants Hall of Fame’s Motion for Miscellaneous Relief. (Doc. # 53). Discussion After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of

specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendation. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th Cir. 1994). After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual

findings and legal conclusions of the magistrate judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 66) is ACCEPTED and ADOPTED. (2) Defendant Hall of Fame Sports Memorabilia, Inc.’s Time- Sensitive Motion for Miscellaneous Relief (Doc. # 53) is GRANTED. (3) Plaintiff Ain Jeen, Inc.’s Motion for Preliminary Injunction (Doc. # 14) is DENIED as to Hall of Fame. (4) The Temporary Restraining Order (Doc. # 8) is DISSOLVED as to Hall of Fame. (5) Within seven days of the date of this Order, Ain Jeem is DIRECTED to take all necessary steps to effectuate the immediate release of all Hall of Fame assets that were frozen as a result of the temporary restraining order entered in this action. DONE and ORDERED in Chambers in Tampa, Florida, this 19th day of July, 2021. fami 9p Heunapy (rei VIRGINIA M. HERNANDEZ’COVINGTON UNITED STATES DISTRICT JUDGE