ECP Station I LLC v. Chandy et al

Filing 39

ORDER adopting 35 REPORT AND RECOMMENDATIONS re 28 Plaintiff's Motion for summary judgment against Sunny P. Joseph filed by ECP Station I, LLC. The Plaintiff's Motion for Summary Judgment Against Sunny Joseph 28 is grant ed. The Court reserves jurisdiction pending an evidentiary hearing with regard to the issue of the amount of damages, attorney fees, and costs to be awarded the Plaintiff against the Defendant Sunny Joseph. Also, Plaintiff's Motion to Enter De fault Judgment against Joseph P. Chandy 19 is granted. The Court reserves jurisdiction pending an evidentiary hearing with regard to the issue of the amount of damages, attorney fees, and costs to be awarded the Plaintiff against him.The Court wil l conduct a status conference on Friday, July 29, 2016, at 11:30 a.m., for the purpose of scheduling an evidentiary hearing. Counsel for the Plaintiff may attend the hearing telephonically. (Separate order with instructions to follow.) Signed by Judge Richard A. Lazzara on 7/15/2016. (SKH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

ECP STATION I, LLC,
Plaintiff,
v.

CASE NO. 8:15-cv-2523-T-26JSS

JOSEPH P. CHANDY
and SUNNY P. JOSEPH,
Defendants.
/

ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
filed by United States Magistrate Judge Julie S. Sneed on June 29, 2016, at docket 35,
recommending that the Plaintiff’s Motion for Summary Judgment against Defendant
Sunny Joseph filed at docket 28 be granted. The Court notes that neither party filed
written objections to the Report and Recommendation and the time for filing such
objections has expired.
After careful consideration of the Report and Recommendation in conjunction with
an independent examination of the court file, the Court is of the opinion that the Report
and Recommendation should be adopted, confirmed, and approved in all respects, except
with regard to the issue of damages and the amount of attorney fees and costs, because
the Court is satisfied that there is no clear error on the face of the record, specifically

those parts of the record cited by the Magistrate Judge in support of her decision,
precluding acceptance of the recommendation. See Macort v. Prem, Inc., 208 Fed. App’x
781, 784 (11th Cir. 2006) (and cases cited) (unpublished).
ACCORDINGLY, it is ORDERED AND ADJUDGED as follows:
1)

The Report and Recommendation (Dkt. 35) is adopted, confirmed,

approved in all respects with the exception of the amount of damages, attorney fees, and
costs to be awarded Plaintiff and is made a part of this order for all purposes.
2)

The Plaintiff’s Motion for Summary Judgment Against Sunny Joseph (Dkt.

28) is granted.
3)

The Court reserves jurisdiction pending an evidentiary hearing with regard

to the issue of the amount of damages, attorney fees, and costs to be awarded the Plaintiff
against the Defendant Sunny Joseph.
Additionally, after DUE AND CAREFUL CONSIDERATION of the court file
as it relates to the Defendant Joseph P. Chandy, it is ORDERED AND ADJUDGED that
the Plaintiff’s Motion to Enter Default Judgment Against Joseph P. Chandy (Dkt. 19) is
granted. The Court reserves jurisdiction pending an evidentiary hearing with regard to
the issue of the amount of damages, attorney fees, and costs to be awarded the Plaintiff
against the Defendant Joseph P. Chandy.

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The Court will conduct a status conference on Friday, July 29, 2016, at 11:30
a.m., for the purpose of scheduling an evidentiary hearing. Counsel for the Plaintiff may
attend the hearing telephonically.
DONE AND ORDERED at Tampa, Florida, on July 15, 2016.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel of Record

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