Opinion
1:21-CV-23055-JLK-BECERRA
05-25-2022
ROCKSOLID GRANIT (USA), INC., Plaintiff, v. MJM CONSULTING, INC., MICHAEL R. MOFFITT, individually and as a representative of MJM CONSULTING, INC., JANICE R. MOFFITT individually and as a representative of MJM CONSULTING, INC., and Does 1-100, Defendants.
ORDER DENYING PLAINTIFF'S OBJECTIONS TO REPORT AND RECOMMENDATION AND STAYING CASE
JAMES LAWRENCE KING, UNITED STATES DISTRICT JUDGE.
THIS MATTER is before the Court on Plaintiff's Objections (DE 54), filed on April 25, 2022, to Magistrate Judge Jacqueline Becerra's Report and Recommendation, (“R&R”) entered April 11, 2022 (DE 53).
Magistrate Judge Becerra recommends staying this action pursuant to 11 U.S.C. § 362(a) in light of the Notice of Death of Defendant Michael R. Moffit (DE 48) filed March 19, 2022, and the Suggestions of Bankruptcy of Defendants Janice R. Moffitt and MGM Consulting (DEs 50, 51) both filed March 23, 2022.
Plaintiff's Objections were timely filed within the applicable 14-day period. Plaintiff argues that Magistrate Judge Becerra erred in (1) recommending to stay the action against the remaining Defendants with respect to the pending Motion for Contempt (DE 20) because a public policy exception exists to the automatic stay provision of § 362(a), and (2) Plaintiff argues that the automatic stay does not apply to the Estate of Mr. Moffitt and seeks to join the Estate into this action. Defendants respond only in their counsel's Motion to Withdraw (DE 55) stating that “Magistrate Judge Becerra's Report and Recommendation should be affirmed and adopted.” Id. ¶ 10.
Considering Plaintiff's Objections, the Court reviews the R&R de novo. 28 U.S.C § 636(b)(1). A de novo review requires that the district judge “give fresh consideration to those issues to which specific objection has been made by a party.” Jeffrey S. v. State Bd. of Educ. of Ga., 896 F.2d 507, 512 (11th Cir. 1990) (quoting H.R. 1609, 94th Cong., § 2 (1976)).
The Court finds that Magistrate Judge Becerra did not err in finding that given the Suggestions of Bankruptcy, this matter must be stayed. R&R at 3. The Court further finds that Magistrate Judge Becerra also did not err in finding that “there is no relief that Plaintiff seeks from this Court as to nonbankrupt debtors [at this time] ” Id. Therefore, a staying the case is appropriate.
The Court has considered these objections and the pleadings. After careful consideration, the Court finds that Magistrate Judge Becerra's well-reasoned R&R (DE 53) accurately states the facts and law of the case.
Accordingly, it is ORDERED, ADJUDGED and DECREED that:
1. Plaintiff's Objections (DE 54) to Magistrate Judge Becerra's Report and Recommendation are hereby DENIED;
2. Magistrate Judge Jacqueline Becerra's April 11, 2022 Report and Recommendation (DE 53) be, and the same is, hereby AFFIRMED and ADOPTED as an Order of this Court;
3. This action is STAYED pursuant to 11 U.S.C. § 362(a);
4. The Parties are directed to NOTIFY the Court at the conclusion of the bankruptcy proceedings;
5. All currently pending motions are hereby DENIED AS MOOT; and
6. The Clerk of Court is directed to CLOSE this case.
DONE AND ORDERED in Chambers at the James Lawrence King Federal Justice Building and United States Courthouse, Miami, Florida, this 25th day of May, 2022.
Jacqueline Becerra, Magistrate Judge.