DUMAS

M.D. Fla. | 2025-07-24
No. 5:24-cv-649
2025 FFL 18696 District Court, M.D. Florida (2025)

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Synopsis

In an admiralty exoneration or limitation of liability action, the court granted default judgment against all non-responding claimants who failed to file claims by the February 26, 2025 deadline. Only Farrell Adkins filed a claim, and the court adopted the Magistrate Judge's recommendation to enter default judgment against all other potential claimants.


Holding

The court granted the motion for default judgment against all persons and entities that did not file a claim by the February 26, 2025 deadline.


Key Quotes

“With the claim deadline passed, Clerk's default was entered against all non-responding claimants (Doc. 30) and Petitioners now move for a default judgment (Doc. 44).”

Establishes that default was entered against all claimants who failed to meet the deadline, and that petitioners sought default judgment.

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Facts & Procedural History

Petitioners Novelle Dumas and Henry Dumas initiated an admiralty case seeking exoneration from or limitation of liability. A claim deadline was set fo…

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Opinion of the Court

In this admiralty case for exoneration from or limitation of liability, the deadline for potential claimants to file a claim was February 26, 2025. (Doc. 11.) To date, Farrell Adkins is the only claimant to file a claim or answer. (See Docs. 17, 19, 24.) With the claim deadline passed, Clerk's default was entered against all nonresponding claimants (Doc. 30) and Petitioners now move for a default judgment (Doc. 44). On referral, U.S. Magistrate Judge Philip R. Lammens entered a Report and Recommendation (Doc. 49 (“R&R")) submitting that the Court should grant the motion. The time has passed and there were no objections, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding none, it is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED:

1. The R&R (Doc. 49) is ADOPTED AND CONFIRMED and made a part of this Order in its entirety.

2. The Motion (Doc. 44) is GRANTED.

3. The Clerk is DIRECTED to enter a final default judgment in favor of Petitioners Novelle Dumas and Henry Dumas and against all persons and entities that did not file a claim in this action by the February 26, 2025 deadline.

DONE AND ORDERED in Chambers in Orlando, Florida, on July 23, 2025.

ROY B. DALTON, JR.

United States District Judge


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