METROPOLITAN CASUALTY INSURANCE COMPANY
v.
SFR SERVICES L.L.C.
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The court adopted the magistrate judge's recommendation to grant the respondent's motion to appoint an appraisal umpire and deny the petitioner's motion as moot.
Petitioner and Respondent filed competing motions to appoint an appraisal umpire for an insurance appraisal process. The magistrate judge recommended …
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This matter is before the Court on consideration of the Report and Recommendation (Doc. 13), filed July 7, 2020, recommending that: Petitioner Metropolitan Casualty Insurance Company’s Motion to Appoint Appraisal Umpire (Doc. 8) be granted; and (2) Respondent SFR Services L.L.C.’s Motion to Appoint Appraisal Umpire (Doc. 10) be denied as moot. A district judge may accept, reject, or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). In the absence of specific objections, a district judge is not required to review the magistrate judge’s factual findings de novo, but legal conclusions are reviewed de novo even in the absence of an objection. Jd; Cooper- Houston v. Southern Ry. Co., 37 F. 3d 608, 604 (11th Cir. 1994); Garvey v. Vaughn, 993 F. 2d 776, 779 n.9 (11th Cir. 1993). After an independent examination of the file, the Court accepts the Report and Recommendation. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. 13) is hereby ADOPTED and the findings incorporated herein. 2. Respondent’s Motion to Appoint Appraisal Umpire (Doc. 10) is GRANTED, and Petitioner’s Motion to Appoint Appraisal Umpire (Doc. 8) is DENIED as moot. 3. Anthony A. Proffitt is APPOINTED as the neutral appraisal umpire for and during the insurance appraisal process pursuant to the terms of the insurance contract between the parties.
4. The Clerk of Court is directed to CLOSE THIS CASE.
ORDERED in Fort Myers, Florida, on July 22nd, 2020.
TAT. Cable?
JOHN L. BADALAMENTI
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record