SIGNATURE FINANCIAL LLC
v.
THE STONE OUTLET OF FLORIDA, LLC
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The court adopted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the Plaintiff's motion for relief, and entered default judgment against the Defendants.
Plaintiff Signature Financial LLC sought damages from Defendants The Stone Outlet of Florida, LLC, and Ernesto Sanchez. The Magistrate Judge issued a …
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This matter is before the Court on consideration of United States Magistrate Judge Natalie Hirt Adams's Report and Recommendation (Doc. # 47), recommending that Plaintiff’s Motion for Relief in Response to Court's Report and Recommendation (Doc 41) (Doc. # 42), seeking damages from Defendants The Stone Outlet of Florida, LLC, and Ernesto Sanchez, be granted in part and denied in part.
As of this date, no party has filed an objection to the Report and Recommendation, and the time for the parties to file such objections has elapsed.
Discussion
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify, in whole or in part, the magistrate judge’s report and recommendation.
After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusion of the Magistrate Judge. Plaintiff’s Motion for Relief in Response to Court's Report and Recommendation (Doc 41) (Doc. # 42), construed as a motion for damages, is granted in part and denied in part.
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Specifically, Defendants are jointly and severally liable for $359,041.03 in damages, with post-judgment interest to accrue at the legal rate. See 28 U.S.C. § 1961. To the extent Plaintiff later seeks to recover the Table Machining Center to satisfy the judgment, it may do so to the extent allowable under Federal Rule of Civil Procedure 69.
Accordingly, it is now ORDERED, ADJUDGED, and DECREED:
(1) The Report and Recommendation (Doc. # 47) is ADOPTED.
(2) Plaintiff’s Motion for Relief in Response to Court's Report and Recommendation (Doc 41) (Doc. # 42) is GRANTED in part and DENIED in part.
(3) The Clerk is directed to enter default judgment in favor of Plaintiff Signature Financial LLC and against Defendants The Stone Outlet of Florida, LLC, and Ernesto Sanchez as to Plaintiff’s claims for breach of contract, breach of guaranty, and replevin. Defendants are jointly and severally liable for $359,041.03 in damages, with post-judgment interest to accrue at the legal rate. See 28 U.S.C. § 1961. To the extent Signature Financial LLC later seeks to recover the Table Machining Center to satisfy the judgment, it may do so to the extent allowable under Federal Rule of Civil Procedure 69.
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(4) After entering judgment, the Clerk is directed to CLOSE this case.
DONE and ORDERED in Chambers in Tampa, Florida, this 5th day of April, 2024.
Virginia M. Hernandez Covington UNITED STATES DISTRICT JUDGE
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