PROGRESSIVE CASUALTY INSURANCE CO.
v.
M/V BELLA CHRISTINA, A 2022 SEA RAY 290 SDX, BEARING OFFICIAL NO.: 1330749, HER ENGINES, TACKLE, APPURTANCES, SPARES, AND EQUIPMENT, IN REM

S.D. Fla. | 2026-02-12
No. 25-14312-CIV
2026 FFL 2441 District Court, S.D. Florida (2026)

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Synopsis

Progressive Casualty Insurance Co. sought default judgment against the vessel M/V Bella Christina and all potential claimants in this in rem maritime action. The District Court adopted the Magistrate Judge's recommendation and granted Progressive's motion for final default judgment and vessel release.


Holding

The District Court affirmed and adopted the Magistrate Judge's Report and Recommendation and granted Progressive's motion for entry of final default judgment against the vessel and all potential claimants and for release of the vessel.


Headnotes

[1] Failure to timely object to a Magistrate Judge's Report and Recommendation bars parties from a de novo determination by the District Judge of any issue covered in the R&R…

[2] Failure to timely object to a Magistrate Judge's Report and Recommendation bars parties from attacking unobjected-to factual and legal conclusions on appeal.

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Key Quotes

“The failure to timely file objections bars the parties from a de novo determination by the District Judge of an issue covered in the R&R and bars the parties from attacking on appeal unobjected-to factual and legal conclusions contained in the R&R.”

Establishes the procedural consequence of failing to object to a magistrate judge's report and recommendation

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Facts & Procedural History

The case involves an in rem action against the M/V Bella Christina, a 2022 Sea Ray 290 SDX vessel with Official No. 1330749. Progressive Casualty Insu…

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Opinion of the Court

M/V BELLA CHRISTINA, a 2022 Sea Ray 290 SDX, Bearing Official No.: 1330749, Her Engines, Tackle, Appurtances, Spares, and Equipment, in rem,

Defendant.

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

THIS CAUSE is before the Court on the Report and Recommendation ("R&R") of the Honorable Shaniek M. Maynard, United States Magistrate Judge, on Plaintiff Progressive Casualty Insurance Co.'s Motion for Entry of Final Default Judgment Against the Vessel and All Potential Claimants and For Release of the Vessel [ECF Nos. 31, 33]. Judge Maynard recommends that Plaintiff's Motion should be granted.

The Court has reviewed the entire file and record, and to date, no objections have been filed to the R&R. The deadline to file objections has now expired. The failure to timely file objections bars the parties from a de novo determination by the District Judge of an issue covered in the R&R and bars the parties from attacking on appeal unobjected-to factual and legal conclusions contained in the R&R. See 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140, 149 (1985); Henley v. Johnson, 885 F. 2d 790, 794 (11th Cir. 1989); 11th Cir. R. 3-1 (2016).

Accordingly, after careful consideration, it is ORDERED AND ADJUDGED that:

1. Judge Maynard's R&R [ECF No. 33] is AFFIRMED and ADOPTED.

2. Plaintiff's Motion for Entry of Final Default Judgment Against the Vessel and All

Potential Claimants and For Release of the Vessel [ECF No. 31] is GRANTED.

3. A Final Judgment in rem shall follow by separate order.

DONE AND ORDERED in Miami, Florida, this 12 day of February 2026.

Son's Marty JOSE E. MARTINEZ UNITED STATES DISTRICT JUDGE

cc: Magistrate Judge Maynard; all counsel of record


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