Hylton v. Hylton et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 25-CV-62206-WPD
AYATOLLAH HYLTON,
Plaintiff,
v.
CHIVONE JANEE HYLTON, et al.,
Defendants.
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OMNIBUS ORDER ADOPTING AND APPROVING REPORT AND
RECOMMENDATION OF MAGISTRATE JUDGE
THIS CAUSE is before the Court upon the Omnibus Report and Recommendation on
Pending Motions (the “Report”) [DE 96], issued by Magistrate Judge Augustin-Birch on January
5, 2026. [DE 96]. The Court notes that no objections to the Report [DE 96] have been filed, and
the time for filing such objections has passed. As no timely objections were filed, the Magistrate
Judge’s factual findings in the Report [DE 96] are hereby adopted and deemed incorporated into
this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S.
958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993).
Although no timely objections were filed, the Court has conducted a de novo review of the
Report [DE 96] and record and is otherwise fully advised in the premises. The Court agrees with
the Magistrate Judge’s analysis and conclusions.
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Accordingly, it is ORDERED AND ADJUDGED as follows:
1. 	The Report [DE 96] is hereby ADOPTED and APPROVED;
2. 	Defendant Freedom Mortgage Corporation’s Motion to Dismiss [DE 60] is
GRANTED and the remaining Motions to Dismiss [DE 80; DE 82; DE 83; DE 90;
DE 94] are DENIED AS MOOT.
3. 	The Amended Complaint [DE 21-1] is DISMISSED WITHOUT PREJUDICE
WITH LEAVE TO AMEND.1
4. 	Plaintiff’s Motion for Default Final Judgment against Defendant Freedom Mortgage
Corporation [DE 62] is DENIED.
5. 	Defendant Freedom Mortgage Corporation’s Motion to Set Aside Clerk’s Entry of
Default and for Sanctions Against Plaintiff [DE 59] is GRANTED IN PART AND
DENIED IN PART. The Clerk’s entry of default against Defendant Freedom
Mortgage Corporation [DE 55] is SET ASIDE.
6. 	Plaintiff’s Motion to Strike [DE 66] is DENIED.
7. 	Plaintiff’s Motion for Default Final Judgment against Defendant Budget Notary
Services, Inc. [DE 76] is DENIED.
8. 	The Clerk’s entry of default against Defendant Michael H. Johnson [DE 88] is SET
ASIDE.
9. 	Plaintiff’s Motion to Strike Defendant Michael H. Johnson’s Motion to Dismiss [DE
91] is DENIED.
10. This case remains REFERRED to Magistrate Judge Augustin-Birch.
1 The Court notes that Plaintiff has already filed a Second Amended Complaint [DE 98] on January 9, 2026, prior to
the expiration of the objection period to Judge Augustin-Birch’s Report and Recommendation [DE 96].
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DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida,
this 21st day of January, 2026.
Copies furnished to:
Counsel of record and pro se parties
Magistrate Judge Augustin-Birch
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