Wellbest Industries, Ltd. v. Retail Consumer Science, LLC,et al

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION WELLBEST INDUSTRIES, LTD., Plaintiff, v. Case No: 8:18-cv-2914-KKM-JSS RETAIL CONSUMER SCIENCE, LLC, LINDSEY BROOKS, and JOE WEAVER, Defendants.

ORDER Wellbest Industries, Ltd., moves for default judgment against Retail Consumer Science, LLC, Lindsey Brooks, and Joe Weaver. (Doc. 105; Doc. 106; Doc. 108.) The Magistrate Judge recommended that the Court grant the motions. (Doc. 112.)

The fourteen-day deadline for Defendants to object to the recommendation has passed (with an additional three-days permitted for mailing), and they have not objected.

Nevertheless, the Court reviews the Magistrate Judge’s legal conclusions de novo. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019) (Steele, J.).

After review, the Court concludes that default judgment against Retail Consumer Science, Brooks, and Weaver is appropriate for the reasons and to the extent the Magistrate Judge stated. (Doc. 112.)

Accordingly, the following is ORDERED: 1. The Magistrate Judge’s Report and Recommendation (Doc. 112) is ADOPTED and made a part of this Order for all purposes.

2. Plaintiffs Motion for Default Judgment against Retail Consumer Science, LLC, (Doc. 105) is GRANTED as to Counts I, I, and III, and DENIED as to Count IV, which is DISMISSED.

3. Plaintiffs Motion for Default Judgment against Lindsey Brooks (Doc. 106) is GRANTED.

4, Plaintiffs Motion for Default Judgment against Joe Weaver (Doc. 108) is GRANTED.

5. The Clerk is directed to ENTER judgment in Plaintiffs favor and against Retail Consumer Science, LLC, as to Counts I, II, and III; and against Lindsey Brooks and Joe Weaver as to Count V. a. The Court finds Plaintiff is entitled to an award of $356,578.10 in damages, and further directs the Clerk to ENTER judgment in Plaintiffs favor and against Defendants, jointly and severally, in the amount of $356,578.10.

b. The Clerk is directed to TERMINATE any pending motions or deadlines and to CLOSE this case.

6. The Court finds that Plaintiff is entitled to reasonable attorney’s fees and costs. Plaintiff must file a motion on attorney’s fees and costs within 45 days of this Order, as required in Local Rule 7.01(c).

ORDERED in Tampa, Florida, on January 5, 2022.

(= □□□ Mizelle United States District Judge