Grijalva v. Gulf Bank et al

Filing 45

ORDER adopting 44 Report and Recommendation of Magistrate Judge, granting 33 Plaintiff's Motion for Default Judgment against Gregory Martin, granting 34 Plaintiff's Motion for Default Judgment against Gulf Bank, and entering final default judgment. Signed by Judge Joan A. Lenard on 6/2/2010. (mhz)

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U N IT E D STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 09-22375-CIV-LENARD/GARBER F I D E L EGAS GRIJALVA, P l a in tif f , vs. G U L F BANK, ESTATE OF S A L V A D O R BONILLA-SOSA, and G R E G O R Y MARTIN, D e f e n d a n ts . ________________________________/ F I N A L DEFAULT JUDGMENT T H I S CAUSE is before the Court on the Report and Recommendation of Magistrate J u d g e William C. Turnoff ("Report," D.E. 44), issued on May 10, 2010. The Report recomm end s the Court grant Plaintiff's Motion for Final Default Judgment against Defendant G re g o ry Martin (D.E. 33), filed on March 31, 2010, and Plaintiff's Motion for Final Default Ju d g m e n t against Defendant Gulf Bank (D.E. 34), filed on March 31, 2010.1 The Magistrate J u d g e held a hearing on the matter on May 4, 2010. Plaintiff filed the three-count Complaint in this action on August 11, 2009 (" C o m p la in t," D.E. 1). The Complaint alleges that Plaintiff is entitled to sell certain shares o f Gulf Bank to the Estate of Bonilla-Sosa, pursuant to a put option agreement. According to the Complaint, these shares were transferred to Plaintiff but the original stock certificates 1 Related affidavits submitted in prior pleadings by the Plaintiff can be found at D.E. 20, 22. w e re lost or destroyed. Count II of the Complaint requests the Court issue an Order creating a constructive trust of the estimated $193,312.00 set aside pursuant to a put option a g re e m e n t, for the benefit of Plaintiff. Count III of the Complaint demands that Gulf Bank b e compelled to issue replacement shares and register same was of record, if required to e f f e c t payment to Plaintiff. The Clerk entered default against Defendants Gulf Bank and G re g o ry Martin on December 21, 2009, after both failed to respond to the complaint or o th e rw is e appear in this action. Plaintiff's motions request default judgment against Defendants Gulf Bank and G re g o ry Martin in the amount of $193,312.00, together with costs in the sum of $635.00, for th e total sum of $193,947.00. The Report recommends Plaintiff's motions be granted and d e f au lt judgment be entered against Martin and Gulf Bank, jointly and severally, in that a m o u n t. The Report provides the parties with fourteen (14) days to file objections. To date, n o objections to the Report have been filed. Failure to timely file objections shall bar parties f r o m attacking on appeal the factual findings contained in the report. See Resolution Trust C o rp . v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Having reviewed th e Report, Plaintiff's motions for final default judgment, with accompanying affidavits, and re la te d pleadings, it is hereby ORDERED AND ADJUDGED that: 1. C o n sisten t with this Order, the Report of the Magistrate Judge (D.E. 44), is s u e d on May 10, 2010, is ADOPTED; 2. P la in tif f 's motions for final default judgment (D.E. 33, 34) are GRANTED; 2 3. D e f a u lt judgment is entered against Defendants, GULF BANK and G R E G O R Y MARTIN, jointly and severally, in the amount of $193,312.00, to g e th e r with costs in the sum of $635.00, for the total sum of $193,947.00, all o f which shall bear interest at the rate specified in 28 U.S.C. 1961, for which s u m let execution issue. D O N E AND ORDERED in Chambers at Miami, Florida, this 2nd day of June, 2010. ____________________________________ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE 3

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