JPMorgan Chase Bank, N.A. v. ASG Computer & Reprographic, Inc.

United States District Court for the Middle District of Florida

JPMorgan Chase Bank, N.A. v. ASG Computer & Reprographic, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

JPMORGAN CHASE BANK, N.A.,

Plaintiff,

v. Case No. 6:19-cv-1527-Orl-37DCI

ASG COMPUTER & REPROGRAPHIC, INC.; ARMANDO SILVA; and ALEX SILVA,

Defendants. _____________________________________

ORDER Plaintiff JPMorgan Chase Bank, N.A. (“Chase”) extended a loan in the amount of $100,000 (“the Loan”) to Defendant ASG Computer & Reprographic, Inc. (“ASG”). (Doc. 4, ¶ 8.) Defendants Armando Silva and Alex Silva guaranteed the Loan. (Id. ¶ 9.) ASG defaulted on the Loan so Chase sued ASG for breach of note and Alex and Armando Silva for breach of guaranty. (Id. ¶¶ 10, 16–21.) Now Chase moves for default judgment against Defendants for $105,203.43 in principal, interest, late charges, and fees. (Doc. 25, ¶ 5 (“Motion”).) Chase asks the Court to retain jurisdiction to determine attorneys’ fees and costs and other appropriate relief. (Id. at 5.) On referral, U.S. Magistrate Judge Daniel C. Irick recommends the Court grant the Motion. (Doc. 26 (“R&R”).) The parties did not object to the R&R, and the time for doing so has now passed. As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ,

2016 WL 355490

, at *1 (M.D. Fla. Jan 28, 2016); see also Macort v. Prem, Inc.,

208 F. App’x 781, 784

(11th Cir. 2006). Finding no such error, the Court finds that the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED as follows: 1. U.S. Magistrate Judge Daniel C. Irick’s Report and Recommendation (Doc. 26) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Plaintiff JPMorgan Chase Bank, N.A.’s Motion for Default Judgment (Doc. 25) is GRANTED. 3. The Court AWARDS Plaintiff JPMorgan Chase Bank, N.A. damages in the

amount of $105,203.43 against Defendants ASG Computer & Reprographic, Inc., Armando Silva, and Alex Silva. 4. The Clerk is DIRECTED to: a. Enter default judgment in favor of Plaintiff JP Morgan Chase Bank, N.A. and against Defendant ASG Computer & Repographic, Inc. as

to Count I; and b. Enter default judgment in favor of Plaintiff JP Morgan Chase Bank, N.A. and against Defendants Armando Silva and Alex Silva. as to Count II. 5. On or before, Friday, February 7, 2020, Plaintiff JPMorgan Chase Bank, N.A.

may file a motion quantifying attorney fees and costs. DONE AND ORDERED in Chambers in Orlando, Florida, on January 23, 2020. Or ROY B. DALTON JR: United States District Judge

Copies to: Counsel of Record

Reference

Status
Unknown