Opinion
Case No. 6:09-cv-1474-Orl-28DAB.
November 16, 2009
ORDER
This case is before the Court on Plaintiff's Motion for Final Default Judgment (Doc. No. 8) filed October 16, 2009. The United States Magistrate Judge has submitted a report recommending that the motion be denied.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation filed October 21, 2009 (Doc. No. 9) is ADOPTED and CONFIRMED and made a part of this Order.
2. Plaintiff's Motion for Final Default Judgment (Doc. No. 8) is DENIED without prejudice. Plaintiff may file a second Motion for Default Judgment, within twenty (20) days from the date of this Order, if he can show that service was perfected under state or federal law and that he has a viable cause of action against this Defendant under the Fair Labor Standards Act. If Plaintiff does not file his second Motion for Default Judgment within the time allowed herein, this case will be dismissed.
DONE and ORDERED in Chambers, Orlando, Florida.