Lelli's Inn, Inc. v. Steven Lelli's Inn on the Green L.L.C. et al

Filing 100

ORDER Adopting 93 Report and Recommendation, Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LELLI’S INN, INC., a
Michigan corporation,
Plaintiff,
Case No. 13-14766
v.
Hon. John Corbett O’Meara
STEVEN LELLI’S INN
ON THE GREEN L.L.C. et al.,
Defendants.
______________________________/
ORDER ADOPTING REPORT
AND RECOMMENDATION
Before the court is Magistrate Judge Stephanie Dawkins Davis’s report and
recommendation, dated October 24, 2017. Magistrate Judge Davis held an
evidentiary hearing and recommends that the court grant in part Plaintiff’s motion
to enforce the parties’ settlement agreement. Both sides submitted objections to
the report and recommendation.
With respect to reports and recommendations from magistrate judges, this
court “shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” 28
U.S.C. § 636(b)(1)(C). The court “may accept, reject or modify, in whole or in
part, the findings or recommendations made by the magistrate.” Id. See also Fed.

R. Civ. P. 72(b)(3).
Having conducted a de novo review of Magistrate Judge Davis’s report and
the record, including the evidentiary hearing transcript, the court finds the parties’
objections to the magistrate judge’s thorough and well-reasoned report to be
without merit.
Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Davis’s
October 24, 2017 report and recommendation is ADOPTED in its entirety.
IT IS FURTHER ORDERED that liquidated damages are awarded in favor
of Plaintiff and against Defendants in the amount of $130,000.

s/John Corbett O’Meara
United States District Judge
Date: December 20, 2017

I hereby certify that a copy of the foregoing document was served upon
counsel of record on this date, December 20, 2017, using the ECF system.

s/William Barkholz
Case Manager

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