Ayatollah Hylton v. Chivone Janee Hylton, et al.

Summary

The United States District Court for the Southern District of Florida adopted and approved a magistrate judge’s report and recommendation concerning multiple pending motions. The court granted Freedom Mortgage Corporation’s motion to dismiss, dismissed the amended complaint without prejudice with leave to amend, set aside certain entries of default, and denied or denied as moot the remaining motions. The case remained referred to the magistrate judge.

Holdings

1. The court adopted and approved the magistrate judge's report and recommendation after conducting de novo review and finding no timely objections.
2. Freedom Mortgage Corporation's motion to dismiss was granted, and the amended complaint was dismissed without prejudice with leave to amend.
3. The remaining motions to dismiss were denied as moot.
4. The clerk's entries of default against Freedom Mortgage Corporation and Michael H. Johnson were set aside.
5. The plaintiff's motions for default final judgment and motion to strike were denied.
6. Freedom Mortgage Corporation's motion to set aside the clerk's entry of default and for sanctions was granted in part and denied in part.

Questions Presented

1. Whether the magistrate judge's report and recommendation should be adopted and approved after no timely objections were filed.
2. Whether Freedom Mortgage Corporation's motion to dismiss should be granted and the amended complaint dismissed without prejudice with leave to amend.
3. Whether the clerk's entries of default against Freedom Mortgage Corporation and Michael H. Johnson should be set aside.
4. Whether the plaintiff's motions for default final judgment and motion to strike should be granted.
5. Whether Freedom Mortgage Corporation's request for sanctions should be granted.

Disposition

other