Vilerla-Rivas v. Osteria De Gli Amici, LLC et al

Filing 23

ORDER adopting 22 Report and Recommendation, granting 17 Plaintiff's Motion to Enforce Settlement Agreement, and entering judgment against Defendants Osteria De Gli Amici, LLC, and Jose D. Davila. Signed by Judge Joan A. Lenard on 1/20/2010. (mhz)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 09-22121-CIV-LENARD/TURNOFF M A N U E L VILERLA-RIVAS, P l a in tif f , vs. O S T E R I A DE GLI AMICI, LLC, et a l., D e f e n d a n ts . ________________________________/ D E F A U L T JUDGMENT T H I S CAUSE is before the Court on Plaintiff's Motion to Compel Defendants' C o m p lia n c e with Settlement Agreement ("Motion," D.E. 17), filed on December 7, 2009. P la in tif f ' s Motion requests the Court find that Defendants have not complied with the settlem en t agreement and enter judgment against Defendants. The Court referred Plaintiff's M o tio n to Magistrate Judge William C. Turnoff on December 8, 2009. The Magistrate Judge h e ld a status conference on December 21, 2009, and subsequently issued a Report and R e c o m m e n d a tio n ("Report," D.E. 22), on December 30, 2009. The Report finds that the P a rtie s entered into a valid and binding settlement agreement, Defendants are in default for fa ilu re to make any payments, and Defendants have not contested Plaintiff's Motion. (Report a t 2-3.) Thus, the Report recommends the Court grant Plaintiff's Motion and therein p rov ided Defendants with fourteen days to file any objections. As of the date of this Order, D e f en d a n ts have failed to file any objections to the Report. Failure to timely file objections

s h a ll bar parties from attacking on appeal the factual findings contained in the report. See R e so lu tio n Trust Corp. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). H a v in g reviewed the Motion, the Report, and related pleadings, it is hereby ORDERED A N D ADJUDGED that: 1. T h e Magistrate Judge's Report and Recommendation (D.E. 22), issued on D e c e m b e r 30, 2009, is ADOPTED; 2. P la in tif f 's Motion to Compel Defendants' Compliance with Settlement A g r e e m e n t (D.E. 17), filed on December 7, 2009, is GRANTED; 3. D e f a u lt judgment is entered against Defendants Osteria De Gli Amici, LLC, a n d Jose D. Davila, in the total amount of $6,000.00, which represents the a m o u n t due under the settlement agreement, plus interest and costs, for which s u m let execution issue. D O N E AND ORDERED in Chambers at Miami, Florida, this 20th day of January, 2010. ____________________________________ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE

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