Summary
The United States District Court for the Middle District of Florida adopts a magistrate judge’s Report and Recommendation granting the plaintiff’s renewed motion for interlocutory sale of the vessel S/Y Dreamer. The order directs the United States Marshal to conduct a public auction, establishes notice and bidding procedures, permits a $25,000 credit bid, and provides for confirmation of the sale and determination of priority claims to the proceeds.
Holdings
- Where no specific objection is filed, the district court may accept, reject, or modify the magistrate judge's findings and recommendations after review, and it may review legal conclusions de novo. The court adopted, confirmed, and approved the Report and Recommendation in all respects.
- The renewed motion for interlocutory sale was granted, and the United States Marshal was ordered to sell S/Y Dreamer and its identified equipment and appurtenances at public auction to the highest obtainable bidder.
Questions Presented
- Whether the district court should adopt the magistrate judge's Report and Recommendation where no party filed a specific objection.
- Whether Plaintiff's renewed motion for interlocutory sale of the vessel should be granted.
- What procedures should govern notice, bidding, payment, sale confirmation, and disposition of proceeds from the court-ordered vessel sale.
Disposition
other
Cases Cited (4)
- Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982)(followed)
- Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 512 (11th Cir. 1990)(followed)
- Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993)(followed)
- Cooper-Houston v. Southern Ry., 37 F.3d 603, 604 (11th Cir. 1994)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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