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Color Events, BV v. Multi Talent Agency, Inc., 6:18-cv-648-Orl-37DCI. (2018)

Court: District Court, M.D. Florida Number: infdco20181002o57
Filed: Oct. 02, 2018
Latest Update: Oct. 02, 2018
Summary: ORDER ROY B. DALTON, JR. , District Judge . Petitioner commenced the instant action seeking to confirm an arbitration award related to the breach of a performance agreement between Petitioner and Respondent. (Doc. 1.) Despite being served, Respondent failed to appear or otherwise respond in time, so the Clerk entered default. ( See Docs. 17, 18, 19.) Now Petitioner moves for final default judgment against Respondent. (Doc. 20 (" Motion ").) On referral, U.S. Magistrate Judge Daniel C. Ir
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ORDER

Petitioner commenced the instant action seeking to confirm an arbitration award related to the breach of a performance agreement between Petitioner and Respondent. (Doc. 1.) Despite being served, Respondent failed to appear or otherwise respond in time, so the Clerk entered default. (See Docs. 17, 18, 19.) Now Petitioner moves for final default judgment against Respondent. (Doc. 20 ("Motion").)

On referral, U.S. Magistrate Judge Daniel C. Irick recommends granting the Motion, as the well-pled allegations of the Petition and supporting exhibits adequately establish the basis for default judgment under Federal Rule of Civil Procedure 55. (See Doc. 22, pp. 2-4 ("R&R").) Furthermore, Petitioner seeks an amount certain in damages based on supporting documentation, with a reduction for amounts Petitioner has received. (Id. at 4; see also Doc. 20, p. 2.) With this, good cause exists to enter default judgment in the amount of $310,708.26 plus post-judgment interest at a rate of 10% per annum. (See Doc. 22, p. 4.)

The parties did not object to the R&R, and the time for doing so has now passed. As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding no error, the Court concludes that the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. U.S. Magistrate Judge Daniel C. Irick's Report and Recommendation (Doc. 22) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Petitioner Color Events, BV's Motion for Final Default Judgment Against Respondent Multi Talent Agency, Inc. and Incorporated Memorandum of Law (Doc. 20) is GRANTED. 3. The Clerk is DIRECTED to enter judgment in favor of Petitioner Color Events, BV and against Respondent Multi Talent Agency, Inc. in the amount of $310,708.26 plus post-judgment interest at a rate of 10% per annum. 4. The Clerk is further DIRECTED to close the file.

DONE AND ORDERED.

Source:  Leagle

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