Opinion
Case No. 6:07-cv-165-Orl-28KRS.
June 22, 2009
ORDER
This case is before the Court on Plaintiff's Renewed Motion for Entry of Default Final Judgment (Doc. No. 52) filed December 5, 2008. 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 May 26, 2009 (Doc. No. 76) is ADOPTED and CONFIRMED and made a part of this Order.
2. Plaintiff's Renewed Motion for Entry of Default Final Judgment (Doc. No. 52) is GRANTED in part and DENIED in part.
3. Defendants Innovative Wiring Solutions, LLC and Robert L. Noland, III, jointly and severally, shall pay damages to Plaintiff, Sean Varela, in the amount of $19,351.20 and costs in the amount of $578.00.
4. Plaintiff's counsel and the law firm of Morgan Morgan, P.A., may not withhold any portion of the damages payable to Plaintiff pursuant to a retainer agreement or otherwise.
5. The collective action allegations of the Complaint are DISMISSED.
6. Plaintiff's counsel is directed to serve a copy of this Order on Plaintiff.
7. The Court reserves ruling on the request for fees by Plaintiff's counsel.
8. The Clerk is directed to issue a judgment consistent with this Order and to thereafter close this file.
DONE and ORDERED in Chambers, Orlando, Florida.