Oliveira v. Rodrigues et al

Filing 53

ORDER granting in part and denying in part 41 Motion for Default Judgment; adopting 51 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 6/4/2021. (KMS)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION HAMILTON ANTUNES OLIVEIRA, Plaintiff, v. Case No. 6:19-cv-334-CEM-EJK GILSON MARCAL RODRIGUES, GILSON’S INTERNATIONAL CUISINE, INC., and GMR INTERNATIONAL CUISINE, INC., Defendants. ORDER THIS CAUSE is before the Court on Plaintiff’s Motion for Default Judgment Against All Defendants (Doc. 41). The United States Magistrate Judge issued a Report and Recommendation (Doc. 51), recommending that the Motion be granted in part and denied in part, (id. at 9). After review in accordance with 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72, and noting that no objections were timely filed, the Magistrate Judge’s recommended disposition is accepted. Accordingly, it is ORDERED and ADJUDGED as follows: Page 1 of 3 1. The Report and Recommendation (Doc. 51) is ADOPTED and made a part of this Order. 2. Plaintiff’s Motion for Default Judgment Against All Defendants (Doc. 41) is GRANTED in part and DENIED in part. a. The Motion is GRANTED as to Counts I and II. b. On or before June 18, 2021, Plaintiff may file a motion for attorney’s fees and costs. c. The Motion is otherwise DENIED. 3. The Clerk is directed to enter judgment in favor of Plaintiff and against Defendants for Counts I and II in the amount of $110,277.00. 4. The Clerk is directed to close this case. 1 DONE and ORDERED in Orlando, Florida on June 4, 2021. 1 The Court retains jurisdiction to determine an award of attorney’s fees. Prime Ins. Syndicate, Inc. v. Soil Tech Distribs., 270 F. App’x 962, 965 (11th Cir. 2008) (“[I]t is clear that an award of attorney’s fees is a collateral matter over which a court normally retains jurisdiction even after being divested of jurisdiction on the merits.” (citation omitted)). Page 2 of 3 Copies furnished to: Counsel of Record Unrepresented Party Page 3 of 3

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