Applya Corporation v. TBG Tech Co. LLC et al

Filing 125

ORDER adopting 120 Report and Recommendations on 81 Motion to Set Aside Judgment. Signed by Judge Darrin P. Gayles on 1/7/2025. See attached document for full details. (aci)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO.: 23-cv-21290-GAYLES/TORRES
APPLYA CORPORATION,
Plaintiff,
v.
TBG TECH CO. LLC and
JOHANNES FLOE
Defendants.
_______________________/
ORDER
THIS CAUSE comes before the Court on Defendant Johannes Floe’s Motion to Set Aside
Default Judgment [ECF No. 81] that was entered against his former co-Defendant, TBG Tech Co.
LLC (“TBG Tech”), on August 2, 2024. [ECF No. 79]. This case was referred to Chief Magistrate
Judge Edwin G. Torres for a ruling on all pretrial non-dispositive matters and a report and
recommendation on all dispositive matters, pursuant to 28 U.S.C. § 636(b)(1)(B). [ECF No. 99].
On December 20, 2024, Judge Torres issued his report recommending that the Defendant’s Motion
be granted (the “Report”). [ECF No. 120]. The parties did not object to the Report.
A district court may accept, reject, or modify a magistrate judge’s report and
recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which
objection is made are accorded de novo review, if those objections “pinpoint the specific findings
that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see
also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific
objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint

Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc.,
208 F. App’x 781, 784 (11th Cir. 2006).
This Court finds no clear error with Judge Torres’s well-reasoned analysis and agrees with
his conclusion that Defendant Johannes Floe’s Motion should be granted and that the Default
Judgment entered against TBG Tech should be vacated. However, TBG Tech shall remain in
default and be precluded from asserting any defenses for its repeated failure to retain counsel.
CONCLUSION
After careful consideration, it is ORDERED AND ADJUDGED as follows:
(1)

Chief Magistrate Judge Torres’s Report and Recommendation, [ECF No. 120], is
ADOPTED in full;

(2)

Defendant Johannes Floe’s Motion to Set Aside Default Judgment [ECF No. 81] is
GRANTED.

(3)

The Default Judgment entered against TBG Tech Co. LLC [ECF No. 79] is
VACATED.

DONE AND ORDERED in Chambers at Miami, Florida, this 7th day of January, 2025.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE

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