United States District Court

for the

Southern District of Florida

David McGlynn, Plaintiff,

v.

Miami Diario LLC, Defendant.

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Civil Action No. 22-24261-Civ-Scola

Order Adopting Magistrate Judge’s Report And Recommendation

This cause comes before the Court on the Plaintiff David McGlynn’s third

motion for default judgment against the Defendant Miami Diario LLC (“Miami 

Diario”). (Pl.’s Mot., ECF No. 44.) United States Magistrate Judge Jonathan 

Goodman denied without prejudice Plaintiff’s first and second motions for 

default judgment due to the Plaintiff’s failure to show strict compliance with 

Florida law. (ECF No. 47) (citing ECF Nos. 25, 36.) Specifically, Judge Goodman

could not conclude that service of process had been effectuated on Miami

Diario. (ECF No. 36.)

The Plaintiff filed new proofs of service, obtained a new Clerk’s default, 

and filed the third motion for default judgment. (ECF Nos. 39-42, 44.) The third 

motion for default judgment was referred to Judge Goodman for a report and

recommendations. (Court’s Ref., ECF No. 46.) Judge Goodman concluded that 

the Plaintiff has cured the service defect and recommends granting in part 

Plaintiff’s motion. (ECF No. 47.) The Plaintiff requested $12,000 in statutory 

damages, $3,300 in attorney’s fees, and $580.75 in costs. Judge Goodman 

recommends awarding Plaintiff $12,000 in statutory damages, $3,100 in 

attorney’s fees, and $580.75 in costs, plus post-judgment interest. (Id.) Judge 

Goodman recommends denying Plaintiff’s request for $200 in paralegal work. 

(Id.) Neither party filed objections. 

A district court judge must conduct a de novo review of only “those 

portions of the report or specified proposed findings or recommendations to 

which objection is made.” 28 U.S.C. § 636. Where no objections are made, a 

report may be adopted in full without conducting a de novo review, provided no 

plain error exists. See id.; Menendez v. Naples Cmty. Hosp. Inc., No. 2:20-CV898-SPC-MRM, 2021 U.S. Dist. LEXIS 215317, 2021 WL 5178496, at *1 (M.D. 

Fla. Nov. 8, 2021) (collecting cases).

The Court has considered Judge Goodman’s report, the record, and the 

relevant legal authorities. The Court finds Judge Goodman’s report and 

recommendations cogent and compelling. The Court affirms and adopts Judge 

Case 1:22-cv-24261-RNS Document 49 Entered on FLSD Docket 05/01/2024 Page 1 of 2
Goodman’s report and recommendations. (ECF No. 47.) The Court grants in 

part Plaintiff’s third motion for default judgment, awarding the Plaintiff

$12,000 in statutory damages, $3,100 in attorney’s fees, and $580.75 in costs, 

plus post-judgment interest. (ECF No. 44.) The Court denies Plaintiff’s request 

for $200 in attorney’s fees for paralegal work. (Id.) The Court directs the Clerk 

to close this case. All pending motions, if any, are denied as moot.

Therefore, the Court being otherwise fully advised, it is hereby ordered

and adjudged that final judgment is entered in favor of Plaintiff David 

McGlynn and against Defendant Miami Diario LLC. The Court orders the 

Defendant to pay the Plaintiff $12,000 in statutory damages, $3,100 in 

attorney’s fees, and $580.75 in costs, plus post-judgment interest. 

Done and ordered in Miami, Florida, on April 30, 2024.

_______________________________

Robert N. Scola, Jr.

United States District Judge

Case 1:22-cv-24261-RNS Document 49 Entered on FLSD Docket 05/01/2024 Page 2 of 2