Block et al v. Wing, Grill & Beer Masters, Inc. et al

Filing 35

ORDER adopting 34 REPORT AND RECOMMENDATIONS re 33 MOTION for property to satisfy judgment filed by Randi Rezutka, Jamie Block. The motion is granted. The Clerk is directed to enter a judgment in favor of Plaintiffs against the Impleader Defendants in the amount of $33,663.00. All pending motions are denied as moot. The Clerk is directed to close this case. Signed by Judge James S. Moody, Jr. on 11/28/2017. (SMB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
JAMIE BLOCK and RANDI REZUTKA,
Plaintiffs,
v.

Case No: 5:16-cv-55-Oc-30PRL

WING, GRILL & BEER MASTERS,
INC. and CARA TUMINELLO,
Defendants,
and
NOMDEPLUME, INC. d/b/a WGB’S
SPORTS CRAFT BAR & GRILL and
BRIANNA SHAFER,
Impleader Defendants.
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Philip R. Lammens (Doc. 34). The Court notes that neither
party filed written objections to the Report and Recommendation and the time for filing
such objections has elapsed.
After careful consideration of the Report and Recommendation of the Magistrate
Judge in conjunction with an independent examination of the file, the Court is of the
opinion that the Magistrate Judge's Report and Recommendation should be adopted,
confirmed, and approved in all respects.

ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:

1.

The Report and Recommendation (Doc. 34) of the Magistrate Judge is

adopted, confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.
2.

Plaintiff’s Motion for Order that Property of the Defendants in the Hands of

or under the Control of the Impleader Defendants Be Applied to Satisfy the Judgment and
that a Judgment Be Entered against the Impleader Defendants (Doc. 33) is GRANTED.
3.

The transfers by Wing, Grill & Beer Master, Inc. and Cara Tuminello of the

leasehold interest, the retail alcoholic beverages license and of all other personal property
of Wing, Grill & Beer Masters, Inc., including but not limited to bar and restaurant
equipment, furniture, receivables, accounts, inventory, and tangible and intangible property
be deemed null and void against Plaintiffs in execution and that they be levied upon and
applied toward the satisfaction of the judgment debt.
4.

The Clerk is directed to enter a judgment in favor of Plaintiffs against the

Impleader Defendants in the amount of $33,663.00.
5.

All pending motions are denied as moot.

6.

The Clerk is directed to close this case.

DONE and ORDERED in Tampa, Florida, this 28th day of November, 2017.

Copies Furnished To:
Counsel/Parties of Record
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