Randall et al v. Offplan Millionaire AG et al

Filing 130

ORDER adopting 128 REPORT AND RECOMMENDATIONS re 111 MOTION for default judgment against Capinvest LLC filed by Nicholas J. Randall, Fan Feng, 110 MOTION for default judgment against Offplan Millionaire AG filed by Nicholas J. Randall, Fan Feng. The Clerk is directed to enter judgment and close the case. Signed by Judge Gregory A. Presnell on 5/11/2020. (LAM)

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Case 6:17-cv-02103-GAP-EJK Document 130 Filed 05/11/20 Page 1 of 2 PageID 1549 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION NICHOLAS J. RANDALL and FAN FENG, Plaintiffs, v. Case No: 6:17-cv-2103-Orl-31EJK OFFPLAN MILLIONAIRE AG, CAPINVEST LLC, JOACHIM OLIVER NEDELA and CARL DHIR, Defendants. ORDER This cause comes before the Court on Plaintiffs’ Motions for Default Judgment (Docs. 110, 111, and 112). On April 21, 2020, the United States Magistrate Judge issued a report (Doc. 128) recommending that the motions filed at Docs. 110 and 111 be granted in part and that the motion filed at Doc. 112 be denied. No objections have been filed. Therefore, it is ORDERED as follows: 1. The Report and Recommendation is CONFIRMED and ADOPTED as part of this 2. The Motions for Default Judgment (Docs. 110 and 111) are GRANTED in part as Order. follows. a. The motions are DENIED to the extent that Plaintiff Fan Feng has not established damages under 18 U.S.C. § 1964(c); b. The motions are GRANTED as to Counts I through IV of the Amended Complaint (Doc. 17) such that the Clerk shall enter default judgment as to Counts I through IV in favor of Plaintiff Nicholas Randall and against Defendants Offplan Case 6:17-cv-02103-GAP-EJK Document 130 Filed 05/11/20 Page 2 of 2 PageID 1550 Millionaire AG and Capinvest LLC in the amount of $4,083,690.21, plus interest pursuant to 28 U.S.C. § 1961. Plaintiff Fan Feng shall take nothing. 3. The Motion for Default Judgment (Doc. 112) is DENIED for failure to establish personal jurisdiction over Carl Dhir. The Amended Complaint (Doc. 17) as to Dhir is DISMISSED without prejudice. 4. After entry of judgment, the Clerk is directed to close the case. DONE and ORDERED in Chambers, Orlando, Florida on May 11, 2020.   Copies furnished to: Counsel of Record Unrepresented Party -2-

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