Case Information
*1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MELISSA VAN DYKE,
Plaintiff, v. Case No: 2:16-cv-401-FtM-38CM CAFE LUNA OF NAPLES, INC.,
CAFE LUNA EAST, LLC,
SHANNON RADOSTI and
EDWARD BARSAMIAN,
Defendant.
/ OPINION AND ORDER
[1] This matter comes before the Court on United States Magistrate Judge Carol Mirando’s Report and Recommendation. ( Doc. 53). Judge Mirando recommends C lerk’s default be entered against Defendants Café Luna of Naples, Inc., and Café Luna East, LLC for failure to comply with Middle District of Florida Local Rule 2.03(e) and the Court’s Order (Doc. 50). Café Luna of Naples, Inc., and Café Luna East, LLC have not filed objections to the Report and Recommendation, and the time to do so has expired.
A district judge “may accept, reject, or modify in whole or in part, the findings or recommendations m ade by the magistrate judge.” 28 U.S.C. § 636(b)(1). The district judge “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Id. And “[t]he judge *2 may also receive further evidenced or recommit the matter to the magistrate judge with instructions.” Id.
After examining the file carefully and independently, and upon considering Judge M irando’ s findings and recommendations, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 53) is ACCEPTED and ADOPTED
and the findings incorporated herein. 2. The Clerk of Court is DIRECTED to enter Clerk’s default s against Defendants,
Café Luna of Naples, Inc., and Café Luna East, LLC. DONE and ORDERED in Fort Myers, Florida this 29th day of August 2017. Copies: All Parties of Record
2
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