Larkin v. Peoples Plaza, LLC, et al

Filing 62

ORDER adopting 61 REPORT AND RECOMMENDATIONS re 59 MOTION for default judgment against Cantu LLC Motion for Entry of Judgment Against Defendant, Cantu LLC After Default and Memorandum of Law In Support filed by Bruce Larkin, [60 ] MOTION for default judgment Against Defendant J.Y.K. Enterprise Inc. The motions are DENIED. Plaintiff is ORDERED TO SHOW CAUSE why this case should not be dismissed for failure to state a claim upon which relief can be granted. Response is due on or before July 5, 2017. Failure to response will result in this case being dismissed without prejudice and without further notice. Signed by Judge Paul G. Byron on 6/21/2017. (MMW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION BRUCE LARKIN, Plaintiff, v. Case No: 6:15-cv-1544-Orl-40KRS CANTU LLC and J.Y.K. ENTERPRISE INC., Defendants. / ORDER This cause is before the Court on Plaintiff's Motion for Entry of Judgment Against Defendant, Cantu LLC After Default (Doc. 59) filed on May 19, 2017 and Plaintiff’s Motion for Entry of Judgment Against Defendant, J.Y.K Enterprise Inc. After Default (Doc. 60) filed on May 19, 2017. The United States Magistrate Judge has submitted a report recommending that the motion be denied. 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. The Report and Recommendation filed May 31, 2017 (Doc. 61), is ADOPTED and CONFIRMED and made a part of this Order. 2. The Motion for Entry of Judgment Against Defendant, Cantu LLC After Default (Doc. 59) is DENIED. 3. The Motion for Entry of Judgment Against Defendant, J.Y.K. Enterprise Inc. After Default (Doc. 60) is DENIED. 4. Plaintiff is ORDERED TO SHOW CAUSE why this case should not be dismissed for failure to state a claim upon which relief can be granted. Response is due on or before July 5, 2017. Failure to response will result in this case being dismissed without prejudice and without further notice. DONE AND ORDERED in Orlando, Florida on June 21, 2017. Copies furnished to: Counsel of Record Unrepresented Parties 2

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