Diamond Resorts U.S. Collection Development, LLC et al v. Gutierrez

Filing 29

ORDER adopting Report and Recommendations - re 28 Report and Recommendations; Granting in part 25 Motion for Default Judgment. The Arbitration Award (Doc. 1-1) is CONFIRMED. The Clerk is directed to enter judgment in favor of Petitioner s and against Respondent in the amount of $260,902.52, plus post-judgment interest thereon at the legal rate. In all other respects, Petitioners' Motion for Default Final Judgment is DENIED. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 1/11/2018. (DJD)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC and DIAMOND RESORTS INTERNATIONAL, INC., Petitioners, v. Case No: 6:16-cv-1695-Orl-41DCI KAY GUTIERREZ, Respondent. / ORDER THIS CAUSE is before the Court on Petitioners’ Motion for Default Final Judgment (“Motion,” Doc. 25). United States Magistrate Judge Daniel C. Irick submitted a Report and Recommendation (Doc. 28), recommending that Petitioners’ Motion be granted in part and denied in part. After a de novo review of the record, and noting that no objections were timely filed, the Court agrees with the analysis set forth in the Report and Recommendation. Therefore, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation (Doc. 28) is ADOPTED and CONFIRMED and made a part of this Order. 2. Petitioners’ Motion for Default Final Judgment (Doc. 25) is GRANTED in part. 3. The Arbitration Award (Doc. 1-1) is CONFIRMED. Page 1 of 2 4. The Clerk is directed to enter judgment in favor of Petitioners and against Respondent in the amount of $260,902.52, plus post-judgment interest thereon at the legal rate. 5. In all other respects, Petitioners’ Motion for Default Final Judgment is DENIED. 6. The Clerk is directed to close this case. DONE and ORDERED in Orlando, Florida on January 11, 2018. Copies furnished to: Counsel of Record Page 2 of 2

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