Applya Corporation v. TBG Tech Co. LLC

• Court: District Court, S.D. Florida
• Decided: January 7, 2025
• Docket: 1:23-cv-21290
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

CASE NO.: 23-cv-21290-GAYLES/TORRES

APPLYA CORPORATION,

Plaintiff,

v.

TBG TECH CO. LLC and JOHANNES FLOE

Defendants. _______________________/

ORDER

THIS CAUSE comes before the Court on Defendant Johannes Floe’s Motion to Set Aside Default Judgment [ECF No. 81] that was entered against his former co-Defendant, TBG Tech Co. LLC (“TBG Tech”), on August 2, 2024. [ECF No. 79]. This case was referred to Chief Magistrate Judge Edwin G. Torres for a ruling on all pretrial non-dispositive matters and a report and recommendation on all dispositive matters, pursuant to 28 U.S.C. § 636(b)(1)(B). [ECF No. 99]. On December 20, 2024, Judge Torres issued his report recommending that the Defendant’s Motion be granted (the “Report”). [ECF No. 120]. The parties did not object to the Report. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). This Court finds no clear error with Judge Torres’s well-reasoned analysis and agrees with his conclusion that Defendant Johannes Floe’s Motion should be granted and that the Default Judgment entered against TBG Tech should be vacated. However, TBG Tech shall remain in default and be precluded from asserting any defenses for its repeated failure to retain counsel. CONCLUSION After careful consideration, it is ORDERED AND ADJUDGED as follows: (1) Chief Magistrate Judge Torres’s Report and Recommendation, [ECF No. 120], is ADOPTED in full; (2) Defendant Johannes Floe’s Motion to Set Aside Default Judgment [ECF No. 81] is GRANTED. (3) The Default Judgment entered against TBG Tech Co. LLC [ECF No. 79] is VACATED. DONE AND ORDERED in Chambers at Miami, Florida, this 7th day of January, 2025.

Df DARRIN P. GAYLES UNITED STATES DIS T JUDGE