Clearwater Marine Enterprises, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

IN THE MATTER OF THE PETITION OF CLEARWATER MARINE ENTERPRISES, INC., for exoneration from or limitation of liability Case No. 8:22-cv-2380-VMC-CPT as the owner of the SUPER QUEEN, OFFICIAL NO. 541178,

Petitioner. _______________________________/

ORDER This matter comes before the Court upon consideration of United States Magistrate Judge Christopher P. Tuite’s Report and Recommendation (Doc. # 27), entered on July 21, 2023, recommending that Petitioner’s Unopposed Motion for Entry of Default Final Judgment for Exoneration from Liability Against all Non-Appearing Potential Claimants (Doc. # 26) be granted. No objections have been filed, and the time for filing objections has lapsed. The Court accepts and adopts the Report and Recommendation and grants the Motion. 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). If a party files a

timely and specific objection to a finding of fact by the magistrate judge, the district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992). 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. # 27) is ACCEPTED and ADOPTED. (2) Petitioner’s Unopposed Motion for Entry of Default Final Judgment for Exoneration from Liability Against all Non- Appearing Potential Claimants (Doc. # 26) is GRANTED. (3) The Clerk is directed to enter a Final Judgment for Exoneration by Default in the Petitioner’s favor and against all claimants who have not filed claims in this action. DONE and ORDERED in Chambers in Tampa, Florida, this 8th day of August, 2023.

VIRGINIA M. HERNANDEZ*COVINGTON UNITED STATES DISTRICT JUDGE