Summary
holding that PPP loans do not trigger RA obligations
Summary of this case from DiPietro v. Archbishop Wood High Sch.Opinion
21-23604-CIV-WILLIAMS
09-19-2022
VICTOR ARIZA, Plaintiff, v. SOUTH MOON SALES, INC., Defendant.
ORDER
KATHLEEN M. WILLIAMS UNITED STATES DISTRICT JUDGE
THIS MATTER is before the Court on U.S. Magistrate Judge Chris M. McAliley's Amended Report and Recommendation (“the Amended Report”) (DE 17) on Plaintiff Victor Ariza's (“Plaintiff”) Amended Motion for Default Final Judgment (“the Amended Motion”). (DE 13.) In the Amended Report, Judge McAliley recommends that the Court grant in part and deny in part Plaintiff's Amended Motion by entering default judgment in Plaintiff's favor and against Defendant South Moon Sales, Inc. (“Defendant”) on Count I of the Complaint. (DE 17 at 21.) No objections to the Report have been filed. Upon an independent review of the Report, the record, and applicable case law, the Court agrees with Judge McAliley's recommendations.
Given that Judge McAliley issued the Amended Report (DE 17) on Plaintiff's Amended Motion (DE 13), the Court denied Judge McAliley's initial Report and Recommendation (DE 16) as moot. (DE 18.)
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The conclusions in the Amended Report (DE 17) are AFFIRMED AND ADOPTED.
2. Plaintiff's Amended Motion for Default Final Judgment (DE 13) is GRANTED IN PART AND DENIED IN PART.
3. In a separate order, the Court will enter default final judgment in Plaintiff's favor and against Defendant as to Count I of Plaintiff's Complaint.
The Court agrees with Judge McAliley's conclusion that Count II of Plaintiff's Complaint “does not properly allege a claim that Defendant violated the Rehab Act.” (DE 16 at 6.) Therefore, the Court will not enter default final judgment in Plaintiff's favor and against Defendant as to Count II.
4. The Clerk of Court is directed to CLOSE this case.
DONE AND ORDERED