govinfo:USCOURTS-flsd-1_26-cv-21572-0

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 26-cv-21572-JB/Torres 
 
JONATHAN JAVITT, 
 
Plaintiff, 
v. 
 
MARC KORCZYKOWSKI and 
THE JOHNSON FIRM, LLC, 
  
Defendants. 
______________________________/ 
 
ORDER ADOPTING REPORT AND RECOMMENDATIONS 
THIS CAUSE was referred to the Honorable Edwin G. Torres, United States 
Magistrate Judge, to take all necessary and proper action as required by law with 
respect to Plaintiff’s Motion for Remand, ECF No. [23].  See ECF No. [38].    On April 
16, 2026, Magistrate Judge Torres issued an Order Granting Plaintiff’s Motion to 
Remand.  ECF No. [38].   Therein, Magistrate Judge Torres stated that although 
motions to remand “are regularly treated as non -dispositive motions that may be 
adjudicated by Order . . .  given the dispositive nature of the challenge to federal 
jurisdiction here, to preserve any rights to de novo review, any party can seek review 
of this Order under Local Magistrate Rule 4(b) and Fed. R. Civ. P. 73 on that  basis, 
in which case the party can treat the Order as a Report and Recommendation  
entitling the objecting party to de novo review.”  Id. at 28.   
Defendants filed an Objection to and Appeal of Magistrate’s Report and 
Recommendation arguing that Magistrate Judge Torres erred in concluding that 
Case 1:26-cv-21572-JB   Document 43   Entered on FLSD Docket 06/19/2026   Page 1 of 2
Defendants waived their right of removal.  ECF No. [41].   Plaintiff filed a Response.  
ECF No. [42].  
This Court has a duty to “make a de novo determination of those portions of 
the report or specified proposed findings or recommendations to which objection is 
made.”  28 U.S.C. § 636(b).  It also may “accept, reject, or modify, in whole or in part, 
the findings or recommendations made by the magistrate judge.”  Id.   The Court, 
having conducted a de novo  review of the record and the issues presented in 
Defendants’ Objections, agrees with Magistrate Judge Torres that Plaintiff’s Motion 
for Remand should be granted.   
  Accordingly, after careful consideration, it is hereby ORDERED AND 
ADJUDGED that: 
1. Defendants’ Objections, ECF No. [41], are OVERRULED. 
2. To the extent that Magistrate Judge Torres’s Order Granting Plaintiff’s 
Motion to Remand, ECF No. [38], is construed as a Report and Recommendation, it 
is AFFIRMED AND ADOPTED.      
3. Plaintiff’s Motion for Remand, ECF No. [23], is GRANTED. 
4. The Clerk is directed to REMAND this case to the Circuit Court of the 
Eleventh Judicial Circuit in and for Miami-Dade County, Florida  and thereafter 
CLOSE this case. 
DONE AND ORDERED in Miami, Florida, this 19th day of June, 2026. 
 
 
_________________________________________ 
JACQUELINE BECERRA 
UNITED STATES DISTRICT JUDGE 
Case 1:26-cv-21572-JB   Document 43   Entered on FLSD Docket 06/19/2026   Page 2 of 2

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