Filed: May 14, 2015
Latest Update: May 14, 2015
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on Plaintiff's Motion for Deficiency Judgment (Doc. 115), wherein Plaintiff seeks a deficiency judgment for $1,018,658.49, as of February 25, 2015, against Defendants Lexon Homes, Inc. and Joseph Kantor. United States Magistrate Judge David A. Baker submitted a Report and Recommendation (Doc. 117), which recommends that this Court grant in part the Motion for Deficiency Judgment. Particularly, Judge Baker recommends t
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on Plaintiff's Motion for Deficiency Judgment (Doc. 115), wherein Plaintiff seeks a deficiency judgment for $1,018,658.49, as of February 25, 2015, against Defendants Lexon Homes, Inc. and Joseph Kantor. United States Magistrate Judge David A. Baker submitted a Report and Recommendation (Doc. 117), which recommends that this Court grant in part the Motion for Deficiency Judgment. Particularly, Judge Baker recommends th..
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ORDER
CARLOS E. MENDOZA, District Judge.
THIS CAUSE is before the Court on Plaintiff's Motion for Deficiency Judgment (Doc. 115), wherein Plaintiff seeks a deficiency judgment for $1,018,658.49, as of February 25, 2015, against Defendants Lexon Homes, Inc. and Joseph Kantor. United States Magistrate Judge David A. Baker submitted a Report and Recommendation (Doc. 117), which recommends that this Court grant in part the Motion for Deficiency Judgment. Particularly, Judge Baker recommends that this Court—(1) deny Plaintiff's request to include prejudgment costs, attorneys' fees and costs, and an expert witness fee as part of the requested deficiency judgment and (2) enter such judgment in the amount of $970,733.93, as of February 25, 2015.
After an independent de novo review of the record and noting that no objections were timely filed, this Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 117) is ADOPTED and CONFIRMED and made a part of this Order.
2. Plaintiff's Motion for Deficiency Judgment (Doc. 115) is GRANTED in part and DENIED in part.
3. The Clerk is directed to enter a deficiency judgment in favor of Plaintiff and against Defendants Lexon Homes, Inc. and Joseph Kantor, jointly and severally, in the amount of $970,733.93, as of February 25, 2015.
DONE and ORDERED.
