Melikhov et al v. Drab et al

Filing 144

ORDER adopting 117 Report and Recommendations. The Judgment Creditors' motion for writs of execution against nonparties Naples Energy, LLC, Czech Energy USA, LLC, and Hana Drabova 106 is DENIED IN PART and DENIED WITHOUT PREJUDICE IN PART. The Clerk of Court is DIRECTED to enter final judgment. See Order for details. Signed by Judge John L. Badalamenti on 12/21/2020. (SMG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ANTHONY MELIKHOV an
individual; MELMAR HOLDINGS,
LLC, an Illinois limited liability
company; and U4G GROUP, LLC, an
Illinois limited liability company,
Plaintiff,
v.

Case No. 2:19-cv-00248-JLB-MRM

LADISLAV DRAB, an individual; CE
GROUP, a foreign entity; ČESKÁ ENERGIE
A.S., a foreign entity, and ČESKÁ
PLYNÁRENSKÁ A.S., a foreign entity,
Defendants.

/
ORDER

The Magistrate Judge filed a Report and Recommendation (“R&R”) in this
matter on September 28, 2020, recommending the Judgment Creditors’ motion for
writs of execution against nonparties Naples Energy, LLC, Czech Energy USA,
LLC, and Hana Drabova (Doc. 106) be denied in part and denied without prejudice
in part. (Doc. 117.) No objections have been filed.
A district judge may accept, reject, or modify the magistrate judge’s R&R. 28
U.S.C. § 636(b)(1). 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.
Accordingly, it is ORDERED:
1.

The Report and Recommendation (Doc. 117) is ADOPTED.

2.

The Judgment Creditors’ motion for writs of execution against
nonparties Naples Energy, LLC, Czech Energy USA, LLC, and Hana
Drabova (Doc. 106) is DENIED IN PART and DENIED WITHOUT
PREJUDICE IN PART.

3.

The Court DENIES the Judgment Creditors’ motion (Doc. 106) to the
extent it seeks to recover the civil fine assessed by the Court against
the nonparties for civil contempt (Doc. 54).

4.

The Court DENIES WITHOUT PREJUDICE the Judgment
Creditors’ motion (Doc. 106) to the extent it seeks to recover the
Court’s previous awards of attorneys’ fees and costs.

5.

The Clerk of Court is DIRECTED to enter final judgment in favor of
the Judgment Creditors and against:
a.

Naples Energy, LLC, Czech Energy USA, LLC, and Hana
Drabova in the amount of $42,466.50 in attorneys’ fees and
$1,549.39 in costs (Doc. 87 at 11).

b.

Judgment Debtor Ladislav Drab in the amount of $2,966.50
in attorneys’ fees (Doc. 99 at 5; Doc. 109 at 5).

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6.

After the Clerk of Court enters final judgments as directed above, the
Judgment Creditors may renew their motion for writs of execution
solely as to these awards of attorneys’ fees.

ORDERED in Fort Myers, Florida, on December 21, 2020.

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