Opinion
Case No: 2:18-cv-460-FtM-38UAM
02-20-2019
CORAL REEF METRO, LLC, Plaintiff, v. SCOTTSDALE INSURANCE COMPANY, Defendant.
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Before the Court is U.S. Magistrate Judge Douglas N. Frazier's Report and Recommendation (R&R) (Doc. 33), recommending that Plaintiff Coral Reef Metro, LLC's Motion to Compel Appraisal and Stay Proceedings (Doc. 22) be granted. No party has objected to the R&R, and the time to do so has elapsed. This matter is ripe for review.
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. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). 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-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
Here, Judge Frazier considered the parties' arguments and determined that the appraisal clause in their insurance contract should be enforced, despite Defendant Scottsdale Insurance Company's objections. Judge Frazier further recommends that Scottsdale's request for a line itemization of damages should be denied because it is not required by the contract. After independently examining the file and on consideration of Judge Frazier's findings and recommendations, the Court accepts and adopts the R&R.
Accordingly, it is now
ORDERED:
U.S. Magistrate Judge Douglas N. Frazier's Report and Recommendation (Doc. 33) is ACCEPTED AND ADOPTED.
(1) Plaintiff Coral Reef Metro, LLC's Motion to Compel Appraisal and Stay Proceedings (Doc. 22) is GRANTED.
(2) The parties are ORDERED to expeditiously conduct an appraisal as prescribed by the appraisal provisions of the insurance policy, to file joint status reports every ninety (90) days to advise the Court of the status of the appraisal, and to notify the Court upon completion of the appraisal process.
(3) The Clerk is DIRECTED to place a stay flag on this case pending completion of the appraisal process.
DONE and ORDERED in Fort Myers, Florida this 20th day of February, 2019.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record