Opinion
Case No. 6:06-cv-248-Orl-28KRS.
January 3, 2008
ORDER
This case is before the Court on Motion for Default Judgment on Plaintiffs' Claims (Doc. No. 115) against Defendants Allen E. Barker and Pacific Rim Development Group, LLC ("Pacific Rim") filed May 31, 2007. 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 December 12, 2007 (Doc. No. 121) is ADOPTED and CONFIRMED and made a part of this Order.
2. The Motion for Default Judgment on Plaintiffs' Claims against Defendants Barker and Pacific Rim is GRANTED in part and DENIED in part.
3. Liability is found against Defendant Barker on Counts I and X, fraud in the inducement; Count VII, civil theft; Count VIII, unjust enrichment; and Count IX, conversion.
4. Liability is found against Defendant Pacific Rim on Counts I and X, fraud in the inducement.
5. Judgment shall be entered in favor of RAM Group, Inc., OMEGA Paving Environmental Management Group, LLC, and Georgia REAL Enterprises, Inc. against Defendants Pacific Rim Development Group, LLC and Allen E. Barker, jointly and severally, in the amount of $480,000.00.
6. Judgment shall be entered in favor of RAM Group, Inc., OMEGA Paving Environmental Management Group, LLC, and Georgia REAL Enterprises, Inc. against Defendant Allen E. Barker in the additional amount of $960,000.00.
7. Plaintiffs RAM Group, Inc., OMEGA Paving Environmental Management Group LLC, and Georgia REAL Enterprises, Inc. shall file a motion for assessment of attorney's fees and costs against Defendant Allen E. Barker with supporting evidence within fourteen (14) days of the date of this Order.
8. The Motion for Default Judgment on Plaintiffs' Claims is DENIED in all other respects.
9. Those causes of action set forth in the Complaint against Defendants Barker and Pacific Rim for which no liability is found and default judgment is not entered, are DISMISSED.
10. The Clerk shall enter judgment as set forth above and thereafter close this file.
DONE and ORDERED in Chambers, Orlando, Florida.