Moebius v. Moyal ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 16-cv-23110-WPD MICHAEL MOEBIUS, Plaintiff, vs. KFIR MOYAL; KFIR MOYAL ART GALLERY, INC.; and CARZA ART, LLC; and JOHN AND JANE DOES 1 THROUGH 10, representing the unknown current and former members of CARZA ART, LLC, Defendants. _________________________________________/ ORDER ADOPTING REPORT OF MAGISTRATE JUDGE; SUPPLEMENTAL FINAL JUDGMENT ON WRIT OF GARNISHMENT THIS CAUSE is before the Court upon the Report and Recommendation entered by Magistrate Judge Jacqueline Becerra on December 7, 2021 (the “Report”) [DE 142]. The Court notes that no objections to the Report [DE 142] have been filed, and the time for filing such objections has passed. See [DE 152] (Feb. 24, 2022 Order Lifting Bankruptcy Stay, extending the deadline to file objections to the Report to March 4, 2022). As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 142] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 142] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s reasoning and conclusions. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 142] is hereby ADOPTED and APPROVED; 2. Plaintiff's Motion for Supplemental Final Judgment on Writ of Garnishment as to Contents of Safe Deposit Box [DE 135] is hereby GRANTED; 3. Judgment is hereby entered against BANK OF AMERICA, N.A., in the amount of $289,365.87 and the contents of the safe deposit box up to the amount of the Judgment shall be delivered to Plaintiffs counsel as set forth in the Report [DE 142] 4. In addition, the statutory garnishment fee of $100.00 shall be remitted to counsel for BANK OF AMERICA, N.A. 5. The Clerk is DIRECTED to mail a copy of this Order to Defendants at the addresses below. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 8th day of March, 2022. f } “a 4 : “4 if % f ? f etna i ye Zo #4 v Paty d ‘4 ase □□ CA MAGIA AYN VILLIAM P. DIMITROULEAS United States District Judge Copies furnished to: Counsel of Record Judge Becerra Kfir Moyal 729 NW 47th Street Miami, FL 33127 Kfir Moyal Art Gallery, Inc. c/o Brian Przystup & Associates LLC, Registered Agent 2800 Biscayne Blvd., #400 Miami, FL 33137.