United States of America v. Undetermined Quantities of Unauthorized Electronic Nicotine Delivery System Ends Products Located at Bouslimi Holdings, Inc., dba Marathon Food Center Located at 3101 West Columbus Drive Tampa Florida

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No. 8:25-cv-2336-KKM-NHA

UNDETERMINED QUANTITIES OF UNAUTHORIZED ELECTRONIC NICOTINE DELIVERY SYSTEM ENDS PRODUCTS LOCATED AT BOUSLIMI HOLDINGS, INC., DBA MARATHON FOOD CENTER LOCATED AT 3101 WEST COLUMBUS DRIVE TAMPA FLORIDA,

Defendants.

ORDER The United States Magistrate Judge recommends granting the United States’ motion for default judgment. R. & R. (Doc. 20); Mot. (Doc. 19). The deadline to object to the Magistrate Judge’s Report and Recommendation has passed without any objection. Considering the record, the Court adopts the Report and Recommendation. After conducting a review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge’s Report and Recommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and specific objection to a finding of fact by a 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 court 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); Ashworth v. Glades

Cnty. Bd. of Cnty. Comm’rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019). In the absence of any objection and after reviewing the factual allegations and legal conclusions, I adopt the Magistrate Judge’s Report and Recommendation.

Accordingly, it is ORDERED: 1. The Magistrate Judge’s Report and Recommendation (Doc. 20) is ADOPTED and made a part of this Order for all purposes. 2. The United States’ Motion for Default Judgment (Doc. 19) is

GRANTED. 3. Under 21 U.S.C. § 334(a)(2)(E), Rule 55(b)(2) of the Federal Rules of Civil Procedure, and Local Rule 1.10(c), the Defendant Products are CONDEMNED and FORFEITED to the United States. The

government shall destroy the Defendant Products according to 21 U.S.C. § 334(d) and thereafter shall file notice with the Court after destruction of the Defendant Products. Destruction shall be in a

manner that complies with all applicable federal and state laws. 4. The Clerk is directed to ENTER JUDGMENT in favor of the United States, and against the Defendant Products, which shall read: “Judgment is entered in favor of the United States, and against the Defendant Products.” 5. The Clerk is directed to CLOSE this case and TERMINATE any pending motions or deadlines. ORDERED in Tampa, Florida, on June 9, 2026.

4 Sto Ramlal We ell Kathryn’Kimball Mizelle United States District Judge