Case Information
*1 Case 2:25-cv-00160-JLB-KCD Document 13 Filed 05/16/25 Page 1 of 2 PageID 645
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SECTION 23 PROPERTY OWNER’S
ASSOCIATION, INC., A FLORIDA
CORPORATION ,
Plaintiff, v. Case No: 2:25-cv-00160-JLB-KCD ALBERT M. ROBINSON, ANITA
ROBINSON, JANE B. ROBINSON,
INDIVIDUALLY AND AS TRUSTEE
OF THE JANE B. ROBINSON
REVOCABLE TRUST DATED MAY
15, 2008,
Defendants.
/ ORDER
The Magistrate Judge has entered a Report and Recommendation ( Doc. 12 ), recommending that the case be remanded to state court. No party has objected, and the time to do so has expired.
A district judge may accept, reject, or modify the magistrate judge ’ s report and recommendation. 28 U.S.C. § 636(b)(1). The district judge must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Id.
Here, after an independent review of the entire record and noting that no objection has been filed, the Court finds that the thorough and well-reasoned Report and Recommendation is due to be adopted.
Case 2:25-cv-00160-JLB-KCD Document 13 Filed 05/16/25 Page 2 of 2 PageID 646
Accordingly, it is ORDERED that: 1. The Report and Recommendation ( Doc. 12 ) is ADOPTED and made a
part of this Order for all purposes. 2. The above-captioned case is REMANDED to the Circuit Court of
Charlotte County, Florida for failure to prosecute. M.D. Fla. R. 3.10 ( “ A plaintiff ’ s failure to prosecute diligently can result in dismissal if the plaintiff in response to an order to show cause fails to demonstrate due diligence and just case for delay. ”) ; Link v. Wabash R. Co. , 370 U.S. 626, 630-31 (1962) (The Court has “ inherent power ” to dismiss for lack of prosecution).
3. The Clerk of Court is DIRECTED to remand this case to state court
by transmitting a certified copy of the Magistrate Judge’s Order (Doc. 12) and this Order to the Clerk of Court for the Twentieth Judicial Circuit in and for Charlotte County, Florida. Following remand, the Clerk is directed to deny any pending motions, terminate all deadlines, and close the case.
ORDERED in Fort Myers, Florida, on May 16, 2025.