SALERNO
v.
TOPDOC CLINICS MIAMI, LLC
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The court adopted a magistrate judge's recommendation and granted plaintiff John Salerno's motion for entry of final default judgment against TopDoc Clinics Miami, LLC, awarding total damages of $231,492.00 including attorney's fees and costs.
The court adopted the magistrate judge's report and recommendation, granted the plaintiff's motion for entry of final default judgment, and awarded final default judgment in favor of the plaintiff with damages totaling $231,492.00 (comprised of $224,970.00 in damages, $6,065.00 in attorney's fees, and $457.00 in costs).
“Failure to file objections shall bar parties from attacking on appeal the factual findings contained in the report.”
Establishes that defendant's failure to object to the magistrate judge's report bars appeal of factual findings
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Join FLexlaw to unlock all legal intelligencePlaintiff John Salerno filed a motion for entry of final default judgment against defendant TopDoc Clinics Miami, LLC on February 19, 2024. A magistra…
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THIS CAUSE is before the Court on the Report and Recommendations of Magistrate Judge Lauren F. Louis, (“Report,” D.E. 17), issued on April 30, 2024. Therein, Judge Louis recommends that the Court grant Plaintiff John Salerno's Motion for Entry of Final Default Judgment, (“Motion,” D.E. 10) filed on February 19, 2024. The Report further recommends that final default judgment be entered in Plaintiff's favor and that Plaintiff be awarded “a total damages amount of $231,492.00 (comprised of $224,970.00 in damages, $6,065.00 in attorney's fees, and $457.00 in costs).” (R. & R. at 16.) The Report provides the Parties with fourteen (14) days to file objections. As of the date of this Order, no objections have been filed. Failure to file objections shall bar parties from attacking on appeal the factual findings contained in the report. See Resolution Trust Corp. v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993).
Accordingly, after an independent review of the Report and record, it is ORDERED AND ADJUDGED that:
1. The Report of the Magistrate Judge (D.E. 17) is ADOPTED; 2. Plaintiff's Motion for Entry of Final Default Judgment (D.E. 10) is GRANTED; 3. The Clerk shall CLOSE this case; and 4. Final default judgment will issue by separate order.
DONE AND ORDERED in Chambers at Miami, Florida this 20th day of May, 2024.
JOAN A. LENARD UNITED STATES DISTRICT JUDGE
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- Resolution Tr. Corp. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993)