JOE HAND PROMOTIONS, INC.
v.
JOHNNY G'S 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 default judgment.
Plaintiff filed a motion for default judgment against the defendant. A magistrate judge issued a report and recommendation to grant the motion in part…
The full statement of facts, procedural history, and disposition for this case are member content.
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This matter is before the Court on consideration of the report and recommendation of Christopher P. Tuite, United States Magistrate Judge, entered on November 13, 2020. (Doc. 46). Judge Tuite recommends that “Plaintiff’s Motion for Default Judgment” (Doc. 41) be granted in part and denied in part. Specifically, Judge Tuite recommends that the Court find that Plaintiff Joe Hand Promotions, Inc. is entitled to a default judgment against Defendant Johnny G’s LLC on Count I of its complaint in the amount of $22,765.1 Neither Plaintiff nor Defendant filed an objection to the report and recommendation, and the time to object has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F. 2d
Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F. 3d 116 (11th Cir. 1994) (table). Upon due consideration of the record, including Judge Tuite’s report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Tuite’s detailed and well-reasoned factual findings and legal conclusions. Consequently, “Plaintiff’s Motion for Default Judgment” (Doc. 41) is granted in part
and denied in part. Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Tuite’s report and recommendation (Doc. 46) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) “Plaintiff’s Motion for Default Judgment” (Doc. 41) is hereby GRANTED IN
PART and DENIED IN PART. (3) The motion is GRANTED to the extent that the Court finds that Plaintiff Joe Hand Promotions, Inc. is entitled to final default judgment against Defendant Johnny G’s LLC. Plaintiff is to be awarded damages as follows: $5,200 in statutory damages, $15,600 in enhanced statutory damages, $1,500 in attorney’s fees, and $465 in costs. (4) The Clerk is directed to enter final default judgment in favor of Plaintiff Joe Hand Promotions, Inc., and against Defendant Johnny G’s LLC, in accordance with this Order. (5) The motionis DENIED to the extent Plaintiff seeks any greater or different relief. (6) The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. DONE and ORDERED in Chambers, in Tampa, Florida, this 30th day of November, 2020.
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TOM BARBER
UNITED STATES DISTRICT JUDGE
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Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Castro Bobadilla v. Reno, 1993 WL 259424 (S.D. Fla. 1993)