United States of America v. Brouri et al
ORDER ADOPTING 184 Report and Recommendations on Zarowny's Motion for Refund of Funds Paid to Bankruptcy Court and Disbursed to Small Business Administration and DENYING 168 Motion for Refund of Funds Paid to Bankruptcy Court and Disbursed to Small Business Administration. Signed by Judge Joan A. Lenard on 6/7/2021. See attached document for full details. (gie)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 12-20734-CIV-LENARD/GOODMAN
UNITED STATES OF AMERICA,
MALEK BROURI and
ORDER ADOPTING REPORT AND RECOMMENDATIONS ON ZAROWNY’S
MOTION FOR REFUND OF FUNDS PAID TO BANKRUPTCY COURT AND
DISBURSED TO SMALL BUSINESS ADMINISTRATION (D.E. 184) AND
DENYING MOTION FOR REFUND OF FUNDS PAID TO BANKRUPTCY
COURT AND DISBURSED TO SMALL BUSINESS ADMINISTRATION
THIS CAUSE is before the Court on Magistrate Judge Jonathan Goodman’s Report
and Recommendations on Defendant Joanne Zarowny’s Motion for Refund of Funds Paid
to Bankruptcy Court and Disbursed to Small Business Administration, (“Report,” D.E.
184), issued May 10, 2021. Judge Goodman recommends denying Zarowny’s Motion for
Refund of Funds Paid to Bankruptcy Court and Disbursed to Small Business
Administration, (D.E. 167), finding that “it would be procedurally improper (pursuant to
Fed. R. Bankr. P. 8003(a)(1)) to hear Zarowny’s appeal of the Bankruptcy Court’s orders
in this action and it would likely frustrate the objectives of the Bankruptcy Court in
achieving finality.” (Id. at 11 (citations omitted).) The Report provides Zarowny fourteen
days from the date she is served with a copy of the Report to file objections. 1 As of the
date of this Order, no objections have been filed. Failure to file objections shall bar parties
from attacking 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). Therefore, after
an independent review of the Report and record, it is hereby ORDERED AND
The Report and Recommendations on Defendant Joanne Zarowny’s Motion
for Refund of Funds Paid to Bankruptcy Court and Disbursed to Small
Business Administration (D.E. 184) is ADOPTED; and
Zarowny is proceeding pro se. Pursuant to Section 2C of the Case Management
Electronic Case Filing (“CM/ECF”) Administrative Procedures for the Southern District of
Florida, pro se litigants are generally served and noticed by United States mail. Pursuant to Local
Rule 11.1(g), pro se parties are responsible for maintaining current contact information with the
Clerk of Court.
[A] party appearing pro se shall conventionally file a Notice of Current Address
with updated contact information within seven (7) days of a change. The failure to
comply shall not constitute grounds for relief from deadlines imposed by Rule or
by the Court. All Court Orders and Notices will be deemed to be appropriately
served if directed either electronically or by conventional mail consistent with
information on file with the Clerk of Court.
S.D. Fla. L.R. 11.1(g) (emphasis added). The Court’s electronic receipt for Judge Goodman’s
Report indicates that a copy of the Report was mailed to Zarowny at her address of record: 810
Sky Pine Way Unit F-1 Green Acres, FL 33415. As such, Zarowny is deemed to have been
appropriately served with the Report.
Defendant Joanne Zarowny’s Motion for Refund of Funds Paid to
Bankruptcy Court and Disbursed to Small Business Administration (D.E.
167) is DENIED.
DONE AND ORDERED in Chambers at Miami, Florida this 7th day of June, 2021.
JOAN A. LENARD
UNITED STATES DISTRICT JUDGE
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