Zeron v. C & C Drywall Corporation, Inc.

Filing 121

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 115 Motion to Enforce Judgment filed by Miguel Zeron, Juan Ramon Diaz Membreno, Jesus Sanchez, Luis Machado, Mario Zeron, Edwin Eldovin Cruz Guzman, 118 Report and Recommendations, ; granting i n part and denying in part 115 Motion to Enforce Judgment; Adopting 118 Report and Recommendations on 115 Motion to Enforce Judgment filed by Miguel Zeron, Juan Ramon Diaz Membreno, Jesus Sanchez, Luis Machado, Mario Zeron, Edwin Eldovin Cruz Guzman, 118 Report and Recommendations,. Certificate of Appealability: No Ruling Signed by Senior Judge James I. Cohn on 9/7/2022. See attached document for full details. (nan)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 09-60861-CIV-COHN/STRAUSS
MARIO ZERON, et al.,
Plaintiffs,
v.
C & C DRYWALL CORPORATION, INC., et al.,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE is before the Court upon the Report and Recommendation [DE
118] (“Report”) of Magistrate Judge Jared M. Strauss regarding Judgment Creditors’
Amended Motion for Charging Order [DE 115] (“Motion”). The Court has reviewed the
Motion, the Report, and the record in this case, and is otherwise advised in the
premises. The Court notes that no objections were filed to the Report, and the deadline
for doing so has passed.
In the Report, Judge Strauss concludes that Judgment Creditors are entitled to
the entry of a charging order against Defendant Mark Parello’s (“Parello”) interest in UDo-It Automotive Lift Rental, LLC (the “Company) but that they have not met their
burden of showing that foreclosure of Parello’s interest in the Company is appropriate.
DE 118 at 2, 4. The Court agrees with Judge Strauss’ analysis and conclusion and
adopts the Report in full.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report and Recommendation of Magistrate Judge [DE 118] is

ADOPTED in its entirety.
2. Judgment Creditors’ Amended Motion for Charging Order [DE 115] is
GRANTED in part and DENIED in part as set forth below:
3. A charging order against Parello’s transferable interest in the Company for
payment of the unsatisfied amount of the Default Final Judgment [DE 67]
with interest is hereby ENTERED. This charging order constitutes a lien
upon Parello’s transferable interest in the Company. The Company shall
pay over to Plaintiffs/Judgment Creditors, Mario Zeron, Miguel Zeron, Luis
Machado, Jesus Sanchez, and Edwin Eldovin Cruz Guzman, any
distributions that would otherwise be paid to Parello (until the Default Final
Judgment is satisfied).
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County,
Florida, this 7th day of September, 2022.

Copies provided to:
Magistrate Judge Jared M. Strauss
Counsel of record via CM/ECF

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