Lincoln v. Zul

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

SHEREE LYNN LINCOLN and JAMES

CHARLES REED,

Plaintiffs, v. Case No: 2:20-cv-159-JLB-MRM RONALD ZUL,

Defendant.

ORDER

The Magistrate Judge filed a Report and Recommendation (“R&R”) in this matter on August 5, 2021, recommending that Plaintiffs’ motion for default judgment be granted in part and denied in part. (Docs. 16, 30.) Alternatively, the R&R recommends that the motion for default judgment be denied without prejudice should Plaintiffs move to amend their pleading. (See Doc. 30 at 28–29.) A district judge may accept, reject, or modify the magistrate judge’s R&R. 28 U.S.C. § 636(b)(1)(C). The factual findings in the R&R need not be reviewed de novo in the absence of an objection, but legal conclusions are always reviewed de novo. Id.; Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993).

After an independent review of the record—and noting that no objections have been filed—the Court agrees with the well-reasoned R&R. And because Plaintiffs have neither objected to the R&R’s recommended damages nor moved to amend their pleading, the Court will adopt those recommended damages. Accordingly, itis ORDERED:

1. The Report and Recommendation (Doc. 30) is ADOPTED and made a part of this Order for all purposes.

2. Plaintiffs’ Motion for Default Judgment Against Defendant Ronald Zul (Doc. 16) is GRANTED IN PART and DENIED IN PART.

3. The Clerk is DIRECTED to enter final default judgment against Defendant Ronald Zul as follows: (a) $27,774.85 in damages plus pre- judgment interest accruing as of October 15, 2018 at an average monthly rate of 4.25%; (b) $865 in costs; and (c) post-judgment interest accruing at the statutory rate set forth in 28 U.S.C. § 1961. (See Doc. 30 at 24—29.)

4. The motion for default judgment (Doc. 16) is DENIED to the extent it seeks any greater or different relief than this Order grants.

5. The Clerk is further DIRECTED to terminate any pending deadlines and close the file.

ORDERED at Fort Myers, Florida, on August 25, 2021

PEL Chafilhe Le

JOHN L. BADALAMENTI

UNITED STATES DISTRICT JUDGE