RJSG PROPERTIES LLC v. MARBELLA CONDOMINIUM DEVELOPERS

Filing 250

ORDER Adopting the magistrate judge's 244 Report and Recommendation. DelGallo's motion for summary judgment on Counts I through III of the amended complaint (doc. 204 ), which Iovieno and Siren have joined, is GRANTED as to Defendants DelGallo, Iovieno, Siren, and Marbella. RJSG's "Motion and Application for Default Judgment against Marbella Condominium Developers, LLC and Incorporated Memorandum of Law" (doc. 166 ) is DENIED, with leave to renew the motion as to Counts IV through VI of the amended complaint only. DelGallo's "Amended Motion to Withhold Judgment on RJSG's Damages" (doc. 188 ) is DENIED, as moot. By separate order this matter shall be set for trial on RJSG's state law claims and DelGallo's cross-claim for indemnification. Signed by District Judge M CASEY RODGERS on 7/21/2010. (djb)

RJSG PROPERTIES LLC v. MARBELLA CONDOMINIUM DEVELOPERS

Doc. 250

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

RJSG PROPERTIES, LLC, Plaintiff, v. Case No. 3:08cv302/MCR/EMT

MARBELLA CONDOMINIUM DEVELOPERS, LLC; STEVEN P. DELGALLO, personally; JEFFREY V. SIREN, personally and d/b/a BEACH PROPERTIES; MICHAEL IOVIENO, personally, Defendants.

STEVEN P. DELGALLO, Cross-Claimant, v. JEFFREY V. SIREN, and MICHAEL IOVIENO, Cross-Defendants. _________________________________/ ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated June 11, 2010 (Doc. 244). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The magistrate judge's Report and Recommendation is adopted and

incorporated by reference in this order.

Dockets.Justia.com

Page 2 of 2

2.

DelGallo's motion for summary judgment on Counts I through III of the

amended complaint (doc. 204), which Iovieno and Siren have joined, is GRANTED as to Defendants DelGallo, Iovieno, Siren, and Marbella. 3. RJSG's "Motion and Application for Default Judgment against Marbella

Condominium Developers, LLC and Incorporated Memorandum of Law" (doc. 166) is DENIED, with leave to renew the motion as to Counts IV through VI of the amended complaint only. 4. DelGallo's "Amended Motion to Withhold Judgment on RJSG's Damages"

(doc. 188) is DENIED, as moot. 5. By separate order this matter shall be set for trial on RJSG's state law claims

and DelGallo's cross-claim for indemnification. DONE AND ORDERED this 21st day of July, 2010.

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

Case No: 3:08cv302/MCR/EMT