RAMINDESIGN, LLC
v.
SKARZYNSKI
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The District Court for the Southern District of Florida adopted a magistrate judge's report recommending that Ramindesign, LLC's motion to dismiss be denied as moot. The court issued a brief order without substantive analysis of the underlying claims.
The court adopted the magistrate judge's recommendation and denied Ramindesign, LLC's motion to dismiss as moot, finding the motion to be no longer justiciable or relevant to the ongoing litigation.
“Failure to file objections shall bar parties from attacking on appeal the factual findings contained in the Report.”
Establishes the procedural consequence of failing to object to a magistrate judge's report within the statutory period
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Join FLexlaw to unlock all legal intelligenceRamindesign, LLC filed a motion to dismiss against defendant Skarzynski. The magistrate judge subsequently issued a report recommending that the motio…
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ORDER ADOPTING REPORT OF MAGISTRATE JUDGE (D.E. 73) AND DENYING MOTION TO DISMISS (D.E. 59) AS MOOT
THIS CAUSE is before the Court on the Report of Magistrate Judge Marty Elfenbein ("Report,” D.E. 73) recommending the Court deny Plaintiff/Counterclaim Defendant Ramindesign, LLC's Motion to Dismiss (D.E. 59) as moot. The Report provides the Parties with fourteen (14) days to file objections. As of the date of this Order, no objections have been filed. Failure to file objections shall bar parties from attacking on appeal the factual findings contained in the Report. See Resolution Trust Corp. v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993). Therefore, after an independent review of the Report and record, it is hereby ORDERED AND ADJUDGED that:
1. The Report and Recommendation of the Magistrate Judge (D.E. 73) is ADOPTED; and
2. Plaintiff/Counterclaim Defendant Ramindesign, LLC's Motion to Dismiss (D.E. 59) is DENIED as moot.
DONE AND ORDERED in Chambers at Miami, Florida this 21st day of June, 2024.
Joan A. Lenard JOAN A. LENARD UNITED STATES DISTRICT JUDGE
2
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Authorities Cited
- Resolution Tr. Corp. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993)