MCKESSON CORPORATION
v.
BENZER OH 9 LLC
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
McKesson Corporation obtained a default judgment against Benzer OH 9, LLC and related defendants for breach of a promissory note. The court adopted the Magistrate Judge's recommendation and entered judgment in the amount of $140,549.75 plus interest.
The court granted McKesson Corporation's motions for default judgment against all defendants, jointly and severally liable, in the amount of $140,549.75 as of November 14, 2024, plus accruing interest at the promissory note rate of $34.55 per day through December 1, 2025, and post-judgment interest thereafter.
[1] A court reviews a magistrate judge's legal conclusions de novo, even in the absence of timely objections.
[2] Default judgment is appropriate when a party fails to respond or appear.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“default judgment against the defendants is appropriate for the reasons and to the extent the Magistrate Judge stated”
The district judge's adoption of the Magistrate Judge's recommendation and rationale for granting default judgment.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMcKesson Corporation filed suit against Benzer OH 9, LLC, Benzer Pharmacy Holding, LLC, and individual defendants Alpesh Patel, Hema Patel, and Manish…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Default Judgment cases and more on FLexlaw
a Delaware corporation, Plaintiff,
v.
BENZER OH 9, LLC, an Ohio limited liability company, et al., Defendants.
Case No. 8:24-cv-1413-KKM-LSG
ORDER
McKesson Corporation moves for default judgment against the defendants. Mots. for Default J. (Docs. 27, 34). The Magistrate Judge recommended that I grant the motions. R&R (Doc. 35).
No party has timely objected. Nevertheless, I review the Magistrate Judge's legal conclusions de novo. See Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994); Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019). I conclude that default judgment against the defendants is appropriate for the reasons and to the extent the Magistrate Judge stated. See R&R at 2-4.
Accordingly, the following is ORDERED:
1. The Magistrate Judge's Report and Recommendation, (Doc. 35), is ADOPTED and made a part of this Order for all purposes.
2. McKesson Corporation's Motions for Default Judgment, (Docs. 27, 34), are GRANTED.
3. The Clerk is directed to ENTER JUDGMENT which shall read "Judgment is entered in favor of McKesson Corporation and against Benzer Pharmacy Holding, LLC, Benzer OH 9, LLC, Alpesh Patel, Hema Patel, and Manish Patel, jointly and severally, in the amount of $140,549.75, as of November 14, 2024, plus interest accruing at the promissory note rate of $34.55 per day through December 1, 2025, together with post-judgment interest.”
4. The Clerk is directed to CLOSE this case and TERMINATE any remaining deadlines.
ORDERED in Tampa, Florida, on December 3, 2024.
Kathryn Kimball Mizelle United States District Judge
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs, 379 F. Supp. 3d 1244 (M.D. Fla. 2019)