Melluzzo v. Public Advocate, LLC

Full title: KATHLEEN A. MELLUZZO, Plaintiff, v. PUBLIC ADVOCATE, LLC, a Florida…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: May 31, 2006

Case No. 8:05 CV 307-T24 TBM (M.D. Fla. May. 31, 2006)

Opinion

Case No. 8:05 CV 307-T24 TBM.

May 31, 2006

ORDER

SUSAN BUCKLEW, District Judge

This cause comes before the Court on Plaintiff's Motion for Final Default Judgment as to Liability. (Doc. No. 36). Plaintiff filed this action against Defendant alleging that Defendant discriminated and retaliated against her on the basis of her disability in violation of the Americans with Disabilities Act of 1990 ("ADA"), the Florida Civil Rights Act of 1992 ("FCRA"), and the Florida Whistle blower Act. (Doc. No. 1). On June 23, 2006, this Court granted defense counsel's motion to withdraw. (Doc. No. 14). Since Defendant is a corporation, it cannot proceed pro se. Even after direction by this Court to retain counsel, Defendant failed to do so.

Plaintiff's motion for final default was considered by the United States Magistrate Judge, pursuant to a specific order of referral. On March 22, 2006, Magistrate Judge McCoun conducted an evidentiary hearing on Plaintiff's motion. No representative of Defendant appeared at the hearing. Magistrate Judge McCoun has filed his report recommending that the Court enter final judgment against Defendant, award Plaintiff $20,700.00 in damages, and affirmatively enjoin Defendant to comply with both the ADA and the FCRA. (Doc. No. 43). All parties were furnished copies of the Report and Recommendation and were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed. Upon consideration of the Report and Recommendation, and upon this Court's independent examination of the file, it is determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED AND ADJUDGED that:

1. The Magistrate Judge's Report and Recommendation (Doc. No. 43) is adopted and incorporated by reference in this Order of the Court;

2. Plaintiff's Motion for Final Default Judgment as to Liability (Doc. No. 36) is GRANTED;

2. The clerk is directed to enter final judgment in favor of Plaintiff;

3. Plaintiff is awarded damages in the amount of $20,700.00, including interest from the date of the judgment at the legal rate as prescribed by law until paid in full;

4. Defendant is affirmatively enjoined to fully comply with all applicable provisions of the ADA and the FCRA;

5. This Court retains jurisdiction over this matter for the purpose of awarding attorney's fees and costs;

6. The clerk is directed to close this case.

DONE AND ORDERED.