Freemyer v. Kyrene Village II LLC

Filing 22

REPORT AND RECOMMENDATION, FINDINGS OF FACT AND CONCLUSIONS OF LAW. IT IS RECOMMENDED as follows: that Plaintiff Lisa Freemyer's request for a default judgment against Defendant Kyrene Village II, LLC, be GRANTED; that Plaintiff's request f or an award of attorneys fees, costs and litigation expenses pursuant to 42 U.S.C. 12205, docs. 1 at 6; 18, Exh B at 2-5, be GRANTED; that default judgment is entered in favor of Plaintiff Lisa Freemyer against Defendant Kyrene Village II, LLC, in th e amount of $12,634.94 with interest thereon at the annual federal rate from the date of entry of the Judgment until paid in full; that a permanent injunction is entered that Defendant Kyrene Village II LLC, its successors, and/or assigns, shall modify the Kyrene Village shopping center, located at the southwest corner of Chandler Boulevard and Kyrene Road, Chandler, Arizona. IT IS ORDERED that if this Report and Recommendation is approved by District Judge Snow or if he otherwise directs, the Clerk is kindly directed to enter Judgmentconsistent with this Report and Recommendation pursuant to Rule 58(a),(b)(2), Fed.R.Civ.P. IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to mail a copy of this Report and Recommendation to Kyrene Village II, LLCs statutory agent Bruce I. Shapiro, Arizona Partners Retail Investment Group, LLC, 6621 N. Scottsdale Rd., Scottsdale, Arizona, 85250-4421. (See document for full details). Signed by Magistrate Judge Lawrence O Anderson on 1/6/11. (LAD)

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