Eugene v. GoodLeap, LLC ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 23-61463-CIV-DIMITROULEAS EDWIDG EUGENE, Plaintiff, v. MODERN CONCEPTS CONSTRUCTION, LLC, MODERN CONCEPTS SOLAR AND ROOFING, INC., and GOODLEAP LLC, Defendants. _____________________________________/ ORDER ADOPTING AND APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE [DE 55]; GRANTING DEFENDANT MODERN CONCEPT CONTRUCTIONS, LLC’s AMENDED MOTION TO QUASH SERVICE OF PROCESS OR SET ASIDE DEFAULT FINAL JUDGMENT [DE 50] THIS CAUSE is before the Court upon Defendant Modern Concepts Construction, LLC’s Amended Motion to Quash Service of Process or Set Aside Default Final Judgment [DE 50] and the March 1, 2024 Report and Recommendation to District Judge, entered by Magistrate Judge Panayotta Augustin-Birch (the “Report”) [DE 55]. The Court notes that no objections to the Report [DE 55] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 55] 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 55] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 55] is hereby ADOPTED and APPROVED. 2. Defendant Modern Concepts Construction, LLC’s Amended Motion to Quash Service of Process or Set Aside Default Final Judgment [DE 50] is hereby GRANTED. 3. The final default judgment [DE 84] is hereby SET ASIDE AS VOID as to Defendant Moder Concepts Construction, LLC ONLY. 4. The Clerk’s Entry of Default as to Defendant Modern Concepts Construction, LLC [DE 27] is hereby VACATED. 5. The Clerk is DIRECTED to RE-OPEN this case. 6. Plaintiff shall properly perfect service on Defendant Modern Concepts Construction, LLC on or before April 1, 2024. Failure to do so will result in immediate dismissal of this action without prejudice as to Defendant Modern Concepts Construction, LLC. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 18th day of March 2024. fl } “a 4 : “4 if % f ? f tne i ye Zo #4 v Paty 4 ‘4 ase Af CA MAGIA AYN GC VILLIAM P. DIMITROULEAS United States District Judge Copies to: Counsel of Record