American Marine Tech., Inc. v. World Group Yachting, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 19-60636-CIV-SINGHAL

AMERICAN MARINE TECH., INC.,

Plaintiff,

v.

M/Y ALCHEMIST, a 1995 105’ Mangusta recreational vessel, her boats, engines, generators, tackle, rigging, apparel, furniture, furnishings, equipment, contents and appurtenances, etc., in rem; and WORLD GROUP YACHTING, INC., in personam,

Defendants. __________________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

THIS CAUSE is before the Court on the Magistrate Judge’s Report and Recommendation to District Judge (DE [220]) issued on May 26, 2023. Therein, Magistrate Judge Valle considered Plaintiff’s Motion for Default Final Judgment in Garnishment Against Garnishee, Wells Fargo Bank, N.A. (DE [208]). Magistrate Judge Valle recommends the Plaintiff’s Motion for Default Final Judgment in Garnishment Against Garnishee, Wells Fargo Bank, N.A. (DE [208]) be granted. The parties were given fourteen days to file any objections to the magistrate judge’s factual findings and recommendation. See 28 U.S.C. § 636(b)(1); S.D. Fla. Mag. J. R. 4(b). Here, neither side filed any such objections. With no objections filed, the Court’s review of the Report and Recommendation to District Judge (DE [220]) is properly limited to a de novo review of only its legal conclusions. See Certain Underwriters at Lloyd’s of London v. PharmaTech, LLC, 2019 WL 4673739, at *1 (M.D. Fla. Aug. 19, 2019) (“Legal conclusions are reviewed de novo, even in the absence of an objection.”). This Court has reviewed the entire file and record and has made a de novo review of the issues. No objections to the Report and Recommendation to District Judge (DE [220]) have been filed, thus, the Court reviews it for clear error. See Fed. R. Civ. P. 72. Accordingly, it is hereby ORDERED AND ADJUDGED that the Magistrate Judge’s Report and Recommendation to District Judge (DE [220]) is AFFIRMED and ADOPTED as follows: 1. Plaintiffs Motion for Default Final Judgment in Garnishment Against Garnishee, Wells Fargo Bank, N.A. (DE [208]) is GRANTED. 2. A final judgment in garnishment will be entered separately. 3. The Clerk of Court is directed to CLOSE this case and DENY all pending motions as moot. DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 26th day of June 2023. \ UNITED STATES DISTRICT JUDGE Copies furnished to counsel of record via CM/ECF