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Government Employees Insurance Company v. KJ Chiropractic Center LLC, 6:12-cv-1138-Orl-40DCI. (2018)

Court: District Court, M.D. Florida Number: infdco20180108c20 Visitors: 12
Filed: Jan. 08, 2018
Latest Update: Jan. 08, 2018
Summary: ORDER PAUL G. BYRON , District Judge . This cause is before the Court on Plaintiffs' Motion for Default Judgment (Doc. 632) filed on April 6, 2017 and Joint Motion for Entry of Separate Judgment and Final Judgment (Doc. 656) filed on October 4, 2017. The United States Magistrate Judge has submitted a report recommending that the motion at (Doc. 632) be granted in part and the motion at (Doc. 656) be granted. After an independent de novo review of the record in this matter, and noting th
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ORDER

This cause is before the Court on Plaintiffs' Motion for Default Judgment (Doc. 632) filed on April 6, 2017 and Joint Motion for Entry of Separate Judgment and Final Judgment (Doc. 656) filed on October 4, 2017. The United States Magistrate Judge has submitted a report recommending that the motion at (Doc. 632) be granted in part and the motion at (Doc. 656) be granted.

After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.

Therefore, it is ORDERED as follows:

1. The Report and Recommendation filed November 2, 2017 (Doc. 657), is ADOPTED and CONFIRMED and made a part of this Order.

2. The Motion for Default Judgment (Doc. 632) is GRANTED in part as follows:

a. Defendants Cassamajor, Louis, and Pierre are liable as to Counts 1 through 10; b. Defendants Thelusma, Felix, and Desir are liable as to Counts 3 through 10 c. Defendants Richardson, Akins, and Gaines are liable as to Counts 2, 6, 7, and 8; d. Defendant Cohen is liable as to Counts 1, 2, 5, 6, 7, 8, 9, and 10; and e. Judgment is entered in favor of Plaintiffs and against Defendants Cassamajor, Louis, Pierre, Felix, Desir, Richardson, Akins, Gaines, and Cohen, jointly and severally with all Defendants, in the amount of $4,863,676.29, plus postjudgment interest accruing from the date of this Order at a legal rate established by 28 U.S.C. § 1961.

3. The Motion for Default Judgment (Doc. 632) is DENIED as moot as to the request for damages against Defendant Thelusma.

4. The Motion for Default Judgment (Doc. 632) is DENIED to the extent that Plaintiffs seek prejudgment interest.

5. The Motion for Default Judgment (Doc. 632) is DENIED without prejudice to the extent that Plaintiffs seek attorney fees and costs against the Default Defendants.

6. Plaintiffs are granted leave to file a motion for attorney fees and costs as to the Default Defendants in accordance with Judge Irick's Order at (Doc. 659).

7. The Joint Motion for Entry of Separate Judgment and Final Judgment (Doc. 656) is GRANTED. Judgment is entered in favor of Plaintiffs and against Defendant Thelusma in the amount of $6,708,553.73, jointly and severally with all Defendants, plus postjudgment interest accruing from the date of this Order at the legal rate established by 28 U.S.C. § 1961.

DONE AND ORDERED.

Source:  Leagle

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