Boom Funded, LLC v. Aeva, LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 24-cv-23649-BLOOM/Elfenbein

BOOM FUNDED, LLC,

Plaintiff,

v.

AEVA, LLC, and BARBARA DEINET,

Defendant. _________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS

THIS CAUSE is before the Court upon Plaintiff Boom Funded, LLC’s (“Boom Funded”) Oral Motion for Civil Contempt Against Defendant Aeva, LLC (“Aeva”), ECF No. [78], Oral Motion for Civil Contempt Against Defendant Barbara Deinet (“Deinet”), ECF No. [79], Oral Motion to Strike and/or Motion for Default Against Defendant Aeva, LLC, ECF No. [80], and Oral Motion to Strike and/or Motion for Default Against Defendant Barbara Deinet. ECF No. [81]. Boom Funded initially made its Motion to Strike and/or Motion for Default Against Defendant Aeva at the Second Discovery Hearing on January 24, 2025. ECF No. [39]. Boom Funded initially made its Motion to Strike and/or Motion for Default Against Defendant Deinet at the Third Discovery Hearing on March 18, 2025. ECF No. [64]. Boom Funded renewed both Motions at the Evidentiary Hearing on May 6, 2025, when it also made Motions for Civil Contempt against Defendants Aeva and Deinet. ECF No. [77]. On October 18, 2024, the Court referred “all discovery matters” to the Honorable Marty Fulgueira Elfenbein. See ECF No. [12] at 4. On May 27, 2025, Judge Elfenbein issued an R&R1 recommending that all four of Boom Funded’s Motions be granted. ECF No. [82]. The R&R advised that “the parties have fourteen (14) days from the date of being served with a copy of

this Report and Recommendation within which to file written objections[.]” Id. at 41. To date, no party has filed any objections nor have they sought additional time to file objections. The Court has, nonetheless, conducted a de novo review of the R&R and the record and is otherwise fully advised in the premises. See Jilliams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds Judge Elfenbein’s R&R to be well reasoned and correct. The Court agrees with the analysis in the R&R and concludes that the Motions be granted for the reasons set forth therein. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The R&R, ECF No. [82], is ADOPTED;

2. Boom Funded’s Motion for Civil Contempt Against Defendant Aeva, ECF No. [78], is GRANTED as follows: a. Aeva is held in civil contempt for failure to pay the full $2,557.50 monetary sanctions award entered on January 23, 2025, see ECF No. [38], and the full $2,915.00 monetary sanctions award entered on February 19, 2025. See ECF No. [58].

1 As Judge Elfenbein stated in her R&R, she typically resolves discovery matters with an Order, not a Report and Recommendation. However, “the discovery motions here are different than typical discovery motions because they may be case dispositive.” ECF No. [82] at 1-2 n.1. Because the motions are case dispositive, 28 U.S.C. § 636(b)(1)(B) applies, which requires the filing of an R&R. 28 U.S.C. § 636(b)(1)(C); S.D. Fla. L. Mag. R. 1(d). b. On or before June 18, 2025, Aeva is ORDERED to pay the remaining unpaid amount of the total $5,472.50 monetary sanctions awards entered against it2 and is ASSESSED a coercive fine of $500.00 per day if it fails to fully and timely complete that payment.

3. Boom Funded’s Motion for Civil Contempt Against Defendant Deinet, ECF No. [79], is GRANTED as follows: a. Deinet is HELD in civil contempt for failure to pay the full $2,915.00 monetary sanctions award entered on February 19, 2025, see ECF No. [58]. b. On or before June 18, 2025, Deinet is ORDERED to pay the remaining unpaid amount of the $2,915 monetary sanctions award entered against her and be ASSESSED a coercive fine of $500 per day if she fails to fully and timely complete that payment. 4. Boom Funded’s Motion to Strike and/or Motion for Default Against Defendant

Aeva, ECF No. [80], is GRANTED. 5. Boom Funded’s Motion to Strike and/or Motion for Default Against Defendant Deinet, ECF No. [81], is GRANTED. 6. Defendants’ Answer, ECF No. [8], is STRICKEN under Rule 37(b)(2)(A)(iii) and DEFAULT JUDGMENT is ENTERED against Defendants Aeva and Deinet under Rule 37(b)(2)(A)(vi).

2 As of the date of the Evidentiary Hearing, Defendants had paid only $400 in total to satisfy the two sanctions awards. ECF No. [82] at 40 n.15. Case No. 24-cv-23649-BLOOM/Elfenbein

7. Boom Funded is ORDERED to file a supplemental brief on or before July 2, 2025, regarding the amount of damages that should be awarded against Defendants pursuant to the default judgment. DONE AND ORDERED in Chambers at Miami, Florida, on June 11, 2025.

BETH BLOOM UNITED STATES DISTRICT JUDGE

ce: Counsel of Record