PNC Bank, National Association v. Suite 208 Holdings, LLC. et al

Filing 41

ORDER adopting 40 REPORT AND RECOMMENDATIONS, granting in part 34 Renewed MOTION for summary judgment filed by PNC Bank, National Association. The Clerk is directed to enter judgments as directed in the order. Plaintiff shall file a proposed judgment as directed in the order by July 6, 2018. Signed by Judge Gregory A. Presnell on 6/21/2018. Copies mailed. (LAM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
v.

Case No: 6:17-cv-1433-Orl-31DCI

SUITE 208 HOLDINGS, LLC., RICHARD
POWELL, SR. , RICHARD POWELL,
JR., JOSEF POWELL and FRANTZ
ALPHONSE,
Defendants.

ORDER
This cause comes before the Court on the Renewed Motion for Default Summary Judgment
(Doc. 34), filed December 21, 2017.
On May 31, 2018, the United States Magistrate Judge issued a report (Doc. 40)
recommending that the motion be granted in part. No objections have been filed. Therefore, it is
ORDERED as follows:
1.

The Report and Recommendation is CONFIRMED and ADOPTED as part of this
Order.

2.

The Renewed Motion for Default Summary Judgment is GRANTED IN PART as
follows:
A. Plaintiff is granted default judgment on Counts I – XII of the Complaint.
B. The Clerk is directed to enter judgment against Suite 208 Holdings, LLC, on
Counts I and VII in the amount of $174,664.42 plus interest in the amount of
$10,274.05.

C. The Clerk is directed to enter judgment against the individual defendants,
jointly and severally, on Counts II, III, IV, V, VIII, IX, X, XI of the Complaint
in the amount of $174,664.42, plus interest in the amount of $10,274.05.
D. By no later than July 6, 2018, Plaintiff shall file a proposed judgment of
foreclosure as to Counts VI and XII that is consistent with the Report and
Recommendation and a motion quantifying Plaintiff’s reasonable attorney fees
and costs.
E. Plaintiff may bid its judgment at the sale of the Metrowest Property, subject to
any liens with priority.
3.

In all other respects, the motion (Doc. 34) is DENIED.

DONE and ORDERED in Chambers, Orlando, Florida on June 21, 2018.

Copies furnished to:
United States Magistrate Judge
Counsel of Record
Unrepresented Party

-2-