Valdes Cruz v. Freeman's Construction & Engineering Group, Inc.

• Court: District Court, M.D. Florida
• Decided: May 8, 2025
• Docket: 6:24-cv-00744
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

ANTONIO VALDES CRUZ and JOHN BUTLER,

Plaintiffs,

v. Case No: 6:24-cv-744-GAP-DCI

FREEMAN’S CONSTRUCTION & ENGINEERING GROUP, INC., GUILLERMO ANGEL ALONSO and THE PINEWOOD HOLDING COMPANY, LLC,

Defendants

ORDER This cause came before the Court for consideration without oral argument on Plaintiffs Antonio Valdes Cruz and John Butler’s (“Plaintiffs”) Expedited Second Motion to Compel Responses to Plaintiffs’ Request for Production, Initial Disclosures, and Better Answers to Interrogatories, or Alternatively for Sanctions (Doc. 73, filed on March 11, 2025). On April 10, 2025, the United States Magistrate Judge issued a report (Doc. 81) recommending that the Motion be granted as to Plaintiffs’ request for sanctions. Specifically, the Magistrate Judge recommends: (1) striking Defendants Freeman’s Construction & Engineering Group, Inc., Guillermo Angel Alonso, and The Pinewood Holding Company, LLC’s (“Defendants”) Answers and affirmative

defenses; (2) directing the Clerk to enter default against Defendants; and (3) awarding Plaintiffs’ their reasonable expenses, including attorney’s fees, incurred in filing the underlying Motion. Id. Defendants have since filed a timely

Objection to the Report and Recommendation (Doc. 85), and Plaintiffs have filed a Response to Defendants’ Objection (Doc. 86). It is worth noting from the outset that Defendants have utterly failed to litigate this case. Among their many missteps, Defendants neither responded to the

instant Motion nor appeared at the Motion hearing.1 See Doc. 81 at 2-3; see also Doc. 78; Doc. 49; Middle District of Florida Local Rule 3.01(c) (“If a party fails to timely respond, the motion is subject to treatment as unopposed”). Indeed,

Defendants first arguments regarding the instant Motion appeared in their Objection to the Magistrate Judge’s Report and Recommendation. “A district court has discretion to decline to consider a party’s argument

when that argument was not first presented to the magistrate judge.” Club Madonna Inc. v. City of Mia. Beach, 42 F.4th 1231, 1259 (11th Cir. 2022) (quoting Williams v. McNeil, 557 F.3d 1287, 1292 (11th Cir. 2009)) (internal quotation marks omitted).

1 This was the second time that Defendants failed to appear at a hearing on a discovery motion. See Docs. 62, 68. Specifically, the court “retains final adjudicative authority in deciding whether to consider and evaluate new arguments that a party did not raise before the

magistrate judge.” Id. (citation and internal quotation marks omitted). Pursuant to its discretion, the Court declines to consider the arguments raised in Defendants’ Objection because those arguments were never presented to the

Magistrate Judge. Defendant had multiple opportunities to challenge the instant Motion—either on paper or in open court—but failed to do so at every turn. Accordingly, it is hereby ORDERED that: 1. Defendants’ Objection to the Report and Recommendation (Doc. 85) is

OVERRULED. 2. The Report and Recommendation (Doc. 81) is CONFIRMED and ADOPTED as part of this Order.

3. Plaintiffs’ Expedited Second Motion to Compel Responses to Plaintiffs’ Request for Production, Initial Disclosures, and Better Answers to Interrogatories, or Alternatively for Sanctions (Doc. 73) is GRANTED as

it relates to Plaintiffs’ request for sanctions. 4. Defendants’ Answers and affirmative defenses are STRICKEN. 5. The Clerk is directed to enter default against Defendants. 6. Plaintiffs are awarded their reasonable expenses, including attorney’s

fees, incurred in filing the underlying Motion. On or before May 16, 2025, Plaintiffs shall confer with Defendants regarding their reasonable

expenses and the payment schedule. If the parties cannot agree on the

amount or schedule, Plaintiffs may file a motion on or before May 23, 2025. 7. Plaintiffs shall file a motion for default judgment within thirty-five (35) days after the Clerk enters default. 8. The final pretrial conference and trial are canceled. DONE and ORDERED in Chambers, Orlando, Florida on May 8, 2025.

eae | GRE@ORY A. PRESNELL Kp UNITED STATES DISTRICT JUDGE Copies furnished to: United States Magistrate Judge Counsel of Record Unrepresented Party