Summary
denying the plaintiff's request for a preliminary injunction in a defamation and tortious-interference action
Summary of this case from Kazal v. PriceOpinion
Case No. 8:14-cv-2096-T-33EAJ
11-16-2014
ROCA LABS, INC., Plaintiff, v. CONSUMER OPINION CORP., and OPINION CORP., Defendants.
ORDER
This cause comes before the Court pursuant to the October 28, 2014, Report and Recommendation of the Honorable Elizabeth A. Jenkins, United States Magistrate Judge, (Doc. # 43), in which Judge Jenkins recommends that Plaintiff Roca Lab Inc.'s Verified Motion for Entry of a Temporary Injunction and Supporting Memorandum of Law (Doc. # 5) be denied. As of this date, there has been no objection to the Report and Recommendation, and the time for Roca Labs Inc. to file such objection has passed.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Hous. v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994).
After conducting a careful and complete review of the findings, conclusions, and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the Magistrate Judge and the recommendation of the Magistrate Judge.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation of the Honorable Elizabeth A. Jenkins, United States Magistrate Judge (Doc. # 43) is ADOPTED. (2) Roca Lab Inc.'s Verified Motion for Entry of a Temporary Injunction and Supporting Memorandum of Law (Doc. # 5) is DENIED.
DONE and ORDERED in Chambers in Tampa, Florida, this 16th day of November, 2014.
/s/_________
VIRGINIA M. HERNANDEZ COVINGTON
UNITED STATES DISTRICT JUDGE
Copies: All Counsel of Record