Shreeve et al v. Maesbury Homes, Inc. et al

Filing 30

ORDER adopting 28 and 29 Report and Recommendations with exceptions; granting 25 Motion ; granting 26 Motion.. Signed by Judge Roy B. Dalton, Jr. on 4/17/2013. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
BENITA VERONICA SHREEVE;
STEVEN PAUL HUTCHINGS; JOSEPH
L. ONWUDE; and HELEN M.
ONWUDE,
Plaintiffs,
vs.

Case No. 6:12-cv-655-Orl-37KRS

MAESBURY HOMES, INC. and
VANGUARD TITLE, LLC,
Defendants.
ORDER
This cause is before the Court on the following:
1.

Plaintiffs Joseph L. Onwude and Helen M. Onwude’s Response to Order
and Supporting Memorandum of Legal Authority (Doc. 25), filed December
7, 2012;

2.

Plaintiffs Shreeve and Hutchings’ Omnibus Response to Order, Notice of
Election of Remedies, Assessment of Damages and Supporting
Memorandum of Legal Authority (Doc. 26), filed December 7, 2012;

3.

Report and Recommendation (Doc. 28), filed March 29, 2013; and

4.

Report and Recommendation (Doc. 29), filed March 29, 2013.

The Clerk has entered default against Defendant Maesbury Homes, Inc.
(Doc. 17.) Magistrate Judge Karla R. Spaulding entered a Report and Recommendation
(R&R) suggesting that this Court grant in part and deny in part Plaintiffs’ motions for
default judgment. (Doc. 23.) The Court adopted that R&R, finding that Defendant

Maesbury Homes, Inc. was: (1) liable for a Fla. Stat. § 718.202 violation but not breach
of contract as to Plaintiffs Joseph L. Onwude and Helen M. Onwude; and (2) liable for
both a Fla. Stat. § 718.202 violation and breach of contract as to Plaintiffs Benita
Veronica Shreeve and Steven Paul Hutchings. (Doc. 24.)
Plaintiffs now move for an assessment of damages against Defendant Maesbury
Homes, Inc. (Docs. 25, 26.) Magistrate Judge Spaulding has entered R&Rs
recommending that the Court grant those motions. (Docs. 28, 29). Upon a fairness
review of the record and with no objections having been filed, this Court agrees with the
Magistrate Judge as to the assessment of damages. The Court therefore adopts the
R&Rs to the extent that they assess the damages to which Plaintiffs are entitled from
Defendant Maesbury Homes, Inc.
However, insofar as the R&Rs recommend that the Court direct the Clerk to enter
partial judgment against Defendant Maesbury Homes, Inc., the Court declines to adopt
those portions. See 28 U.S.C. § 636(b)(1) (noting that the district court “may accept,
reject, or modify, in whole or in part, the findings or recommendations made by the
magistrate judge”). Because this suit continues to proceed against Defendant Vanguard
Title, LLC, the Court will not enter a piecemeal judgment against only one Defendant at
this time. Once this action has been adjudicated in full, the Court will direct the Clerk to
enter final judgment. See Fed. R. Civ. P. 54(b) (noting that, absent an express finding
that there is no just reason for delay, the entry of final judgment should only be made
after all claims have been adjudicated).
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

Plaintiffs Joseph L. Onwude and Helen M. Onwude’s Response to Order
and Supporting Memorandum of Legal Authority (Doc. 25) and Plaintiffs

2

Shreeve and Hutchings’ Omnibus Response to Order, Notice of Election
of Remedies, Assessment of Damages and Supporting Memorandum of
Legal Authority (Doc. 26), construed as motions for assessment of
damages, are GRANTED.
2.

The Court finds that Plaintiffs Joseph L. Onwude and Helen M. Onwude
are entitled to damages from Defendant Maesbury Homes, Inc., equal to
their deposit in the amount of $45,179.20 and costs in the amount of
$215.00. The Court finds that Plaintiffs Benita Veronica Shreeve and
Steven Paul Hutchings are entitled to damages from Defendant Maesbury
Homes, Inc., equal to their deposit in the amount of $45,827.60, with
prejudgment interest calculated at the Florida statutory rate, and costs in
the amount of $215.00.

3.

To the extent that Report and Recommendation (Doc. 28), as to the
Onwudes, and Report and Recommendation (Doc. 29), as to Shreeve and
Hutchings, recommend that the Clerk enter partial judgment against
Defendant Maesbury Homes, Inc., the Court REJECTS those portions. In
all other respects, they are ADOPTED and CONFIRMED and made a part
of this Order.

DONE AND ORDERED in Chambers in Orlando, Florida, on April 17, 2013.

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Copies:
Counsel of Record
Honorable Karla R. Spaulding

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