Opinion
Case No: 2:14-cv-125-FtM-29CM
06-16-2015
BROADCAST MUSIC, INC., HARRICK MUSIC, INC., EMI VIRGIN SONGS, INC., WELSH WITCH MUSIC, CORAL REEFER MUSIC, SONY/ATV SONGS LLC dba Sony/ATV Acuff Rose Music, R-KEY DARKUS PUBLISHING, ORBI-LEE PUBLISHING, and BARBARA ORBISON MUSIC COMPANY, Plaintiffs, v. MBRATTA ENTERPRISES, INC. and MICHAEL L. BRATTA, SR., Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. #41), filed May 21, 2015, recommending that plaintiffs' Motion for Sanctions and Entry of Default Against MBratta Enterprises, Inc. d/b/a Bratta's Piano Bar & Ristorante and Michael L. Bratta Sr. (Doc. #39) be granted, defendants' Answer and Affirmative Defense (Doc. #19) be stricken, and Clerk's defaults be entered against defendants. No objections have been filed and the time to do so has expired.
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), cert. denied, 459 U.S. 1112 (1983). 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 recommendations. 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. Southern 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) (Table).
After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #41) is hereby adopted and the findings incorporated herein.
2. Plaintiffs' Motion for Sanctions and Entry of Default Against MBratta Enterprises, Inc. d/b/a Bratta's Piano Bar & Ristorante and Michael L. Bratta Sr. (Doc. #39) is GRANTED.
3. The Answer and Affirmative Defenses (Doc. #19) are STRICKEN.
4. The Clerk is directed to enter defaults against defendants.
5. Plaintiffs shall timely move a for a default judgment within SIXTY (60) DAYS of the entry of the defaults.
DONE and ORDERED at Fort Myers, Florida, this 16th day of June, 2015.
/s/_________
JOHN E. STEELE
SENIOR UNITED STATES DISTRICT JUDGE
Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties