PAZ
v.
SALSAS OF TITUSVILLE CORPORATION
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The court adopted the Magistrate Judge's Report and Recommendation, striking the defendants' answer, entering defaults, and awarding sanctions.
Plaintiff moved to enforce a settlement agreement or for sanctions. The Magistrate Judge found no binding settlement but recommended sanctions due to …
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In this Fair Labor Standards Act case with a tortured history, Plaintiff moved to enforce the parties' purported settlement agreement and alternatively sought sanctions. (Doc. 82.) On referral, after many delays caused by Defendants, U.S. Magistrate Judge Leslie Hoffman Price entered a well-reasoned and thorough Report and Recommendation submitting that the Court should grant the motion in part. (Doc. 122 (“R&R").) She concluded that no binding settlement was reached, but nevertheless recommended the Court strike Defendants' answer, enter defaults against them, and levy other sanctions based on their misconduct. (Id.) The time has passed and there were no objections, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding none, it is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED:
1. The R&R (Doc. 122) is ADOPTED AND CONFIRMED and made a part of this Order in its entirety.
2. Plaintiff's motion (Doc. 82) is GRANTED IN PART AND DENIED IN PART as set forth in the R&R.
3. Defendants' Answer (Doc. 9) is STRICKEN. The Clerk is DIRECTED to remove it from the docket. The Clerk is further DIRECTED to enter defaults against Defendants.
4. Plaintiff is DIRECTED to file a motion for default judgment within the time prescribed by Local Rule 1.10(c), with supporting evidence on the issues of damages, attorney's fees, and costs.
5. Plaintiff is AWARDED from Defendants Salsas of Titusville
Corporation and Jesus Valencia and Attorney Robert E. Blanchfield, Esq., jointly and severally, the reasonable expenses—including travel expenses and attorney's fees and costs—incurred in preparing for and attending the January 17, 2024 evidentiary hearing. The plaintiff's counsel is DIRECTED to meet and confer with the Defendants' counsel on the amount of such expenses and may file a motion with the Court to determine a reasonable amount if they cannot agree.
DONE AND ORDERED in Chambers in Orlando, Florida, on June 10, 2024.
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ROY B. DALTON, JR.
United States District Judge