DZ Bank AG Deutsche Zentral-Genossenschaftsbank, Frankfurt AM Main, v. Mesadieu

Filing 19

ORDER adopting 18 Report and Recommendation of Magistrate Judge, granting 12 Plaintiff's Motion for Final Default Judgment, entering final default judgment, and closing case. Signed by Judge Joan A. Lenard on 7/22/2010. (mhz)

D Z Bank AG Deutsche Zentral-Genossenschaftsbank, Frankfurt AM Main,

v. Mesadieu

D o c . 19

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 10-20549-CIV-LENARD/TURNOFF

D Z BANK AG DEUTSCHE ZENTRAL-GENOSSENSCHAFTSBANK, FRANKFURT AM MAIN, P l a in tif f , v. J E A N ROBERT MESADIEU, Defendant. _____________________________________/ F I N A L DEFAULT JUDGMENT T H I S CAUSE is before the Court upon the Report and Recommendation of M a g is tra te Judge William C. Turnoff ("Report," D.E. 18), issued on June 14, 2010, re c o m m e n d in g the Court grant Plaintiff's Motion for Final Default Judgment ("Motion," D .E . 12), against Defendant Jean Robert Mesadieu ("Mesadieu"), filed on April 23, 2010. P la in tif f 's Motion was referred to the Magistrate Judge on April 26, 2010, and a hearing was h e ld on the matter on June 11, 2010. T h e Report recommends the Court grant Plaintiff's Motion and enter default judgment a g a in s t Mesadieu in the amount of $252,722.76. The Report also recommends awarding $ 1 ,6 4 9 .6 6 in attorney's fees and costs to Plaintiff. Finally, the Report instructs the Parties th a t they had fourteen days to file objections. As of the date of this Order, no objections to th e Report have been filed. Failure to file timely objections shall bar the parties from

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a tta c k in g on appeal the factual findings contained in the report. See Resolution Trust Corp. v . Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Based on a review of the M a g is tra te Judge's Report, Plaintiff's Motion for Final Default Judgment, the related p le a d in g s , and the record, it is hereby ORDERED AND ADJUDGED that: 1. T h e Report and Recommendation of Magistrate Judge William C. Turnoff ( D .E . 18), issued on June 14, 2010, is ADOPTED; 2. C o n s is te n t with the Report and this Order, Plaintiff's Motion for Entry of Final D e f a u lt Judgment (D.E. 12) against Defendant Mesadieu is GRANTED; 3. F in a l default judgment is ENTERED in favor of Plaintiff DZ Bank AG D eu tsch e Zentral-Genossenschaftsbank, Frankfurt Am Main against Defendant J e a n Robert Mesadieu, in the amount of two-hundred fifty-two thousand, sev en hundred twenty-two dollars and seventy-six cents ($252,722.76), to g e th e r with one thousand, six-hundred forty-nine dollars and sixty-six cents ($ 1 ,6 4 9 . 6 6 ) in reasonable costs and attorney's fees, for which sum let e x e cu tio n issue; 4. T h is case is now CLOSED.

D O N E AND ORDERED in Chambers at Miami, Florida, this 22nd day of July, 2010. __________________________________ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE

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