Directv, Inc. v. Stabile et al

Filing 25

ORDER adopting 24 REPORT AND RECOMMENDATION; granting in part 19 MOTION for default judgment; finding Defendants liable for violations of 47 U.S.C. § 605(a) as alleged in Count I of Plaintiff's Complaint; dismissing Counts II, III, and IV of Plaintiff's Complaint; Plaintiff to file a motin for assessment of damages, fees, and costs within twenty-one (21) days from the date of this Order. Signed by Judge John Antoon II on 7/25/2012. (BRS)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION DIRECTV, INC., Plaintiff, -vs- Case No. 6:11-cv-1432-Orl-28KRS JOHN F. STABILE, GERI STABILE, THE GRILLE AT BELLALAGO, INC., Defendants. ______________________________________ ORDER This case is before the Court on Plaintiff’s Motion for Default Judgment (Doc. No. 19) filed March 27, 2012. The United States Magistrate Judge has submitted a report recommending that the motion be granted in part. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows: 1. That the Report and Recommendation filed July 3, 2012 (Doc. No. 24) is ADOPTED and CONFIRMED and made a part of this Order. 2. Plaintiff’s Motion for Default Judgment (Doc. No. 19) is GRANTED in part. 3. The Court finds that Defendant The Grille at Bellalago, Inc. (“The Grille”), and Defendants John F. Stabile and Geri Stabile, individually and as officers, directors, shareholders and/or principals of The Grille, are liable for violations of 47 U.S.C. § 605(a) as alleged in Count I of Plaintiff’s Complaint. 4. Counts II, III, and IV of Plaintiff’s Complaint are dismissed without prejudice. 5. Plaintiff may file a motion for assessment of damages, fees and costs, or a motion requesting an evidentiary hearing on those issues, within twenty-one (21) days from the date of this Order. DONE and ORDERED in Chambers, Orlando, Florida this 25th day of July, 2012. Copies furnished to: United States Magistrate Judge Counsel of Record Unrepresented Party -2-

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