JACOB
v.
BAIS YISROEL COMMUNITY CENTER OF TAMPA BAY, LLC
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The District Court adopted a Magistrate Judge's Report and Recommendation granting plaintiffs' motion for final judgment in garnishment against Bais Yisroel Community Center of Tampa Bay. The court ordered the garnishee (Suncoast Credit Union) to pay plaintiffs up to $250,000 plus accrued interest and costs.
The District Court adopted the Magistrate Judge's Report and Recommendation and granted the plaintiffs' motion for final judgment in garnishment. The garnishee is ordered to pay plaintiffs all sums withheld up to $250,000 as specified in the writ, including accrued interest and costs.
[1] A district court must conduct a de novo review of a magistrate judge's legal conclusions, even in the absence of an objection.
[2] A district court may accept, reject, or modify a magistrate judge's report and recommendation.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“After conducting a review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge's Report and Recommendation. 28 U.S.C. § 636(b)(1).”
Establishes the standard of review applicable to magistrate judge reports and recommendations in the district court.
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Join FLexlaw to unlock all legal intelligencePlaintiffs obtained a writ of garnishment against Bais Yisroel Community Center of Tampa Bay, LLC. A garnishee, Suncoast Credit Union, was subject to …
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The United States Magistrate Judge recommends granting the plaintiffs' motion for final judgment in garnishment. (Doc. 59). The deadline to object to the Magistrate Judge's Report and Recommendation has passed without either party lodging an objection. Considering the record, the Court adopts the Report and Recommendation.
After conducting a review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge's Report and Recommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and specific objection to a finding of fact by a magistrate judge, the district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary, 952 F. 2d 1567, 1576 (11th Cir. 1992). The district court reviews legal
conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994) (per curiam); Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019).
In the absence of any objection and after reviewing the factual allegations and legal conclusions, I adopt the Report and Recommendation.
Accordingly, it is ORDERED:
1. The Magistrate Judge's Report and Recommendation (Doc. 59) is ADOPTED and made a part of this Order for all purposes.
2. The Plaintiffs' Motion for Entry of Final Judgment in Garnishment (Doc. 55) is GRANTED. The Garnishee (Suncoast Credit Union) is ordered to pay to the plaintiffs all sums withheld up to the amount of $250,000 as specified in the Writ, (Doc. 44), including accrued interest and costs.
ORDERED in Tampa, Florida, on March 17, 2025.
Kathryn Kimball Mizelle United States District Judge
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Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Durham Eldon Stokes v. Singletary, 952 F.2d 1567 (11th Cir. 1992)
- Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs, 379 F. Supp. 3d 1244 (M.D. Fla. 2019)