6:06-cv-01908
M.D. Fla.
May 7, 2008

AMERICAN MOISTURE CONTROL, INC., d/b/a Stuart & Prior, Plaintiff, -vs- DYNAMIC BUILDING RESTORATION, LLC, SOUTHWIND CONDOMINIUM ASSOCIATION, INC., SEA COAST GARDENS 2 MANAGEMENT RENTAL, INC., COLONY BEACH CLUB, Defendants.

Case No. 6:06-cv-1908-Orl-28KRS

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

May 07, 2008

Case 6:06-cv-01908-JA-KRS Document 114 Filed 05/07/08 Page 1 of 2 PageID 1150

ORDER

This case is before the Court on Plaintiff‘s Rule 37 Motion to Strike Answer of and Enter Default Judgment Against Defendant Dynamic (Doc. No. 111) filed March 14, 2008. The United States Magistrate Judge has submitted a report recommending that the motion be granted in part and denied in part.

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. That the Report and Recommendation filed April 16, 2008 (Doc. No. 112) is ADOPTED and CONFIRMED and made a part of this Order.
  2. Plaintiff‘s Rule 37 Motion to Strike Answer of and Enter Default Judgment Against Defendant Dynamic (Doc. 111) is GRANTED in part and DENIED in part. The Answer of Defendant Dynamic Building Restoration Control, LLC (“Dynamic“) is hereby STRICKEN. The Clerk is directed to enter a default against Dynamic.

Plaintiff‘s request to enter a default judgment against Dynamic is DENIED. The Court notes that although the Magistrate Judge recommended Plaintiff have thirty days to file its motion for default judgment, Plaintiff filed its motion for default judgment against Dynamic (Doc. 113) on April 23, 2008. To the extent Plaintiff wishes to supplement its motion for default judgment in accordance with the parameters outlined in the Report and Recommendation, it may do so within eleven (11) days from the date of this Order.

Plaintiff‘s request to award its costs pursuant to Rule 37(b)(2) is GRANTED. Plaintiff is directed to substantiate its request for fees and costs in its motion for default judgment against Dynamic. If Plaintiff has not already done so, it may include this substantiation in its supplement to be filed no later than eleven (11) days from the date of this Order.

DONE and ORDERED in Chambers, Orlando, Florida this 6 day of May, 2008.

JOHN ANTOON II

United States District Judge

Copies furnished to:
United States Magistrate Judge
Counsel of Record
Unrepresented Party