Ariza v. South Moon Sales, Inc.
ORDER AFFIRMING AND ADOPTING 17 U.S. MAGISTRATE JUDGE CHRIS M. MCALILEY'S REPORT AND RECOMMENDATION THAT THE COURT GRANT IN PART AND DENY IN PART 13 PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT. Signed by Judge Kathleen M. Williams on 9/19/2022. See attached document for full details. (sgm)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 21-23604-CIV-WILLIAMS
SOUTH MOON SALES, INC.,
THIS MATTER is before the Court on U.S. Magistrate Judge Chris M. McAliley’s Amended
Report and Recommendation (“the Amended Report”) (DE 17) on Plaintiff Victor Ariza’s
(“Plaintiff”) Amended Motion for Default Final Judgment (“the Amended Motion”). (DE 13.) In
the Amended Report, 1 Judge McAliley recommends that the Court grant in part and deny in part
Plaintiff’s Amended Motion by entering default judgment in Plaintiff’s favor and against Defendant
South Moon Sales, Inc. (“Defendant”) on Count I of the Complaint. (DE 17 at 21.) No objections
to the Report have been filed. Upon an independent review of the Report, the record, and
applicable case law, the Court agrees with Judge McAliley’s recommendations.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The conclusions in the Amended Report (DE 17) are AFFIRMED AND ADOPTED.
2. Plaintiff’s Amended Motion for Default Final Judgment (DE 13) is GRANTED IN PART
AND DENIED IN PART.
Given that Judge McAliley issued the Amended Report (DE 17) on Plaintiff’s Amended Motion (DE 13),
the Court denied Judge McAliley’s initial Report and Recommendation (DE 16) as moot. (DE 18.)
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3. In a separate order, the Court will enter default final judgment in Plaintiff’s favor and
against Defendant as to Count I of Plaintiff’s Complaint. 2
4. The Clerk of Court is directed to CLOSE this case.
DONE AND ORDERED in Chambers in Miami, Florida on this 19th day of September,
The Court agrees with Judge McAliley’s conclusion that Count II of Plaintiff’s Complaint “does not properly
allege a claim that Defendant violated the Rehab Act.” (DE 16 at 6.) Therefore, the Court will not enter
default final judgment in Plaintiff’s favor and against Defendant as to Count II.
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