Opinion
1:20-cv-23276-GAYLES/OTAZO-REYES
02-25-2022
UNISOURCE DISCOVERY, INC., Plaintiff, v. UNISOURCE DISCOVERY, LLC and STEVEN A. CERASALE, Defendants.
ORDER
DARRIN P. GAYLES, UNITED STATES DISTRICT/JUDGE
THIS CAUSE comes before the Court on Magistrate Judge Alicia M. Otazo-Reyes's Report and Recommendation (the “Report”) [ECF No. 250] regarding Plaintiff Unisource Discovery, Inc.'s Ex Parte Amended Motion for Preliminary Injunction (the “Motion”) [ECF No. 139]. On August 6, 2020, Plaintiff brought this action against Defendants Unisource Discovery, LLC and Steven A. Cerasale. [ECF No. 1]. On November 1, 2020, the Court referred this matter to Judge Otazo-Reyes, pursuant to 28 U.S.C. § 636(b)(1)(B), for a ruling on all pre-trial, non-dispositive matters and a report and recommendation on all dispositive matters. [ECF No. 20]. On July 12, 2021, Plaintiff filed the instant Motion seeking to enjoin Defendants “for unlawful use and trading on Plaintiff's well-known registered ‘Unisource' Trademark.” [ECF No. 139]. On January 10, 2022, Judge Otazo-Reyes issued her Report recommending that the Court deny Plaintiff's Motion. [ECF No. 250]. Plaintiff timely filed its Objections, [ECF No. 267], to which Defendants filed a Response, [ECF No. 277], and Plaintiff filed a Reply, [ECF No. 283].
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objections are made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F.Supp.2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 Fed.Appx. 781, 784 (11th Cir. 2006).
Having conducted a de novo review of the Motion, Objections, and record, the Court agrees with Judge Otazo-Reyes's well-reasoned analysis and recommendation that Plaintiffs Motion should be denied.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Magistrate Judge Alicia M. Otazo-Reyes's Report and Recommendation, [ECF No. 250], is AFFIRMED AND ADOPTED and incorporated into this Order by reference.
2. Plaintiff Unisource Discovery, Inc.'s Ex Parte Amended Motion for Preliminary Injunction, [ECF No. 139], is DENIED.
DONE AND ORDERED.