P.I.A. Sarasota Palms v. Shalala

Full title: P.I.A. SARASOTA PALMS, INC., a Florida corporation d/b/a SARASOTA PALMS…

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

Date published: Sep 25, 2000

Case No. 8:99-CV-1399-T-23C (M.D. Fla. Sep. 25, 2000)

Opinion

Case No. 8:99-CV-1399-T-23C

September 25, 2000

For plaintiff: Byron J. Gross, [COR LD NTC], Hooper, Lundy Bookman, Inc., Los Angeles, CA

Joseph B. Donnelly, [COR LD NTC], Greene, Donnelly Schermer, Tampa, FL

For Defendant: Warren A. Zimmerman, [COR LD NTC], Tampa, FL

Howard H. Lewis, [COR LD NTC], Atlanta, GA

ORDER

STEVEN D. MERRYDAY, U.S.D.J.

Before the Court is Magistrate Judge Jenkins' report and recommendation (Doc. 28). No party objects, and the time for objecting has passed. Upon consideration, the report and recommendation is ADOPTED. Plaintiff's motion for summary judgment (Doc. 12) is GRANTED; the defendant's cross motion for summary judgment is DENIED (Doc. 15).¹ This matter is REMANDED to the Secretary solely for the purpose of calculating the amount due to the plaintiff pursuant to its adjustment requests.

1 The plaintiff's motion to augment the record (Doc. 14) is DENIED as MOOT.

The Clerk is directed to (1) close this case, (2) terminate all pending motions, and (3) enter judgment accordingly.