Hancock Bank v. Lexon Homes, Inc. et al

Filing 118

ORDER granting in part and denying in part 115 Motion for deficiency judgment; Adopting Report and Recommendations - re 117 Report and Recommendations. The Clerk is directed to enter a deficiency judgment in favor of Plaintiff and against Defendants Lexon Homes, Inc. and Joseph Kantor, jointly and severally, in the amount of $970,733.93, as of February 25, 2015. Signed by Judge Carlos E. Mendoza on 5/14/2015. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

HANCOCK BANK,
Plaintiff,
v.

Case No: 6:13-cv-318-Orl-41DAB

LEXON HOMES, INC., JOSEPH
KANTOR, MOSHE ZIV, CITY OF
ORLANDO, CREDIT SOLUTIONS
INTERNATIONAL CO., THANH
NGUYEN, AMEET KUMAR SHARMA,
MANISHA SHARMA, UNITED
STATES OF AMERICA, SANG THI
NGUYEN, ERIC NGUYEN, LOULOU
W. HOYOS, UNKNOWN TENANT
NUMBER 1, JAMIE SEGURA,
MONICA SEGURA, LEHMAN
MOVING & STORAGE, INC. and
ESCONDIDO COMMUNITY
ASSOCIATION, INC.,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Motion for Deficiency Judgment (Doc.
115), wherein Plaintiff seeks a deficiency judgment for $1,018,658.49, as of February 25, 2015,
against Defendants Lexon Homes, Inc. and Joseph Kantor. United States Magistrate Judge David
A. Baker submitted a Report and Recommendation (Doc. 117), which recommends that this Court
grant in part the Motion for Deficiency Judgment. Particularly, Judge Baker recommends that this
Court—(1) deny Plaintiff’s request to include prejudgment costs, attorneys’ fees and costs, and an
expert witness fee as part of the requested deficiency judgment and (2) enter such judgment in the
amount of $970,733.93, as of February 25, 2015.

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After an independent de novo review of the record and noting that no objections were
timely filed, this Court agrees entirely with the findings of fact and conclusions of law in the Report
and Recommendation.
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 117) is ADOPTED and CONFIRMED
and made a part of this Order.
2. Plaintiff’s Motion for Deficiency Judgment (Doc. 115) is GRANTED in part and
DENIED in part.
3. The Clerk is directed to enter a deficiency judgment in favor of Plaintiff and against
Defendants Lexon Homes, Inc. and Joseph Kantor, jointly and severally, in the
amount of $970,733.93, as of February 25, 2015.
DONE and ORDERED in Orlando, Florida on May 14, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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