Azar & Associates, P.C. v. Bryant et al

Filing 428

MEMORANDUM ADOPTING 422 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE granting 396 Motion for Default Judgment Against Defendants Jerry L. Bryant, Brad Johnson, Tiffany Averitte, and Paseo Miramar, Inc. It is ORDERED that Plaintiff shall serve, by certified mail, Jerry L. Bryant, Brad Johnson, Tiffany Averitte, and any other interested parties, with this Memorandum Adopting Report and Recommendation of United States Magistrate Judge. This service must be completed by November 12, 2020, and the Court must receive notice of such service prior to entry of a Final Judgment. Signed by District Judge Sean D. Jordan on 11/5/2020. (rpc, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

FRANKLIN D. AZAR &
ASSOCIATES, P.C.,

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§ Civil Action No.: 4:17-cv-00418-SDJ-KPJ
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Plaintiff,
v.
JERRY L. BRYANT, et al.,
Defendants.

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On October 2, 2020, the Magistrate Judge entered proposed findings of fact and recommendations
(the “Report”) (Dkt. 422) that Plaintiff Franklin D. Azar & Associates, P.C.’s Motion for Default
Judgment Against Defendants Jerry L. Bryant, Brad Johnson, Tiffany Averitte, and Paseo
Miramar, Inc (the “Motion”) (Dkt. 396) be granted. During a telephone conference on October 8,
2020, Defendant Jerry Bryant acknowledged receipt of the Report. See Dkt. 425.
Having received the Report of the United States Magistrate Judge, and no timely objections
being filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge
are correct and adopts the Magistrate Judge’s report as the findings and conclusions of the Court.
Accordingly, the Motion (Dkt. 396) is GRANTED.
The Court ORDERS as follows:
1) Jerry Bryant is ORDERED to pay Plaintiff $750,000.00 in damages;
2) Tiffany Averitte is ORDERED to pay Plaintiff $1.00 in damages;
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3) Brad Johnson is ORDERED to pay Plaintiff $1.00 in damages;
4) The Court DECLARES that Paseo Miramar is the alter-ego of Jerry Bryant;
5) It is ORDERED that Plaintiff may recover $894,846.83 in attorney’s fees
and litigation expenses against Jerry L. Bryant, Brad Johnson, and Tiffany
Averitte jointly and severally;

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6) Plaintiff is statutorily entitled to post judgment interest and costs; and
7) It is ORDERED that Plaintiff shall serve, by certified mail, Jerry L. Bryant,
Brad Johnson, Tiffany Averitte, and any other interested parties, with this
Memorandum Adopting Report and Recommendation of United States
Magistrate Judge. This service must be completed by November 12, 2020,
and the Court must receive notice of such service prior to entry of a Final
Judgment.

So ORDERED and SIGNED this 5th day of November, 2020.

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SEAN D. JORDAN
UNITED STATES DISTRICT JUDGE

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