Millennium Funding, Inc. v. 1701 Management, LLC.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 21-cv-20862-BLOOM/Otazo-Reyes MILLENNIUM FUNDING, INC., a Nevada corporation, et al., Plaintiffs, v. 1701 MANAGEMENT LLC d/b/a LIQUIDVPN, a Puerto Rico limited liability company, et al., Defendants. ____________________________________/ ORDER GRANTING FINAL DEFAULT JUDGMENT THIS CAUSE is before the Court upon Plaintiffs’ Motion for an Order to Show Cause why Final Default Judgment should not be entered against Garnishee WasteResources, LLC (“WasteResources”), ECF No. [380], (“Motion”) filed on January 30, 2023. The Court granted in part and denied in part Plaintiffs Motion, see ECF No. [415] and conducted an evidentiary hearing (“Hearing”) on damages as to WasteResources, LLC on March 10, 2023. Florida Statute § 77.081 provides that where a “garnishee fails to answer as required, a default shall be entered against him or her.” Fla. St. § 77.081(1). “On the entry of judgment for Plaintiff, a final judgment shall be entered against the garnishee for the amount of plaintiff’s claim with interest and costs.” Id. § 77.081(2). The Court entered a Default Judgment in favor of Plaintiffs and against Defendants on March 28, 2022, in which it awarded a money judgment of $15,172,403.00. ECF No. [213]. In an effort to satisfy that money judgment, Plaintiffs served a writ of garnishment on WasteResources. See ECF No. [332]. On January 24, 2023, a Clerk’s Default was entered against WasteResources. ECF No. [369]. Plaintiff thereafter filed the instant Motion. Pursuant to the Florida Supreme Court’s holding in BellSouth Advert. & Pub. Corp. v. Sec. Bank, N.A., the Court conducted a Hearing on damages before granting Final Default Judgment and entering a Final Default Judgment. Be//South, 698 So. 2d 254, 256 (Fla. 1997) (Plaintiff “was required to give notice of trial on damages and to adduce proof of the amount of [judgment debtor’s] money held by [garnishee].”). At the Hearing, WasteResources did not appear. Plaintiffs presented multiple exhibits demonstrating that WasteResources 1s an alter ego of Defendants which the Court accepted into evidence. See ECF Nos. [424-1]-[424-7], [425-1], [427-2]-[427-3]. Pursuant to the evidence presented and in accordance with Fla. St. § 77.081(2), the Court finds that Default Judgment in favor of Plaintiffs and against WasteResources 1s appropriate in the full amount of the unsatisfied Final Judgment against Defendants which is $15,172,403.00. The Court notes that Plaintiffs request that the Default Judgment be entered against WasteResources in the amount of $15,497,199.46, but Plaintiffs fail to set forth the basis for granting an amount greater than the Final Judgment against Defendants. Accordingly, it is ORDERED AND ADJUDGED that Plaintiffs’ Motion for Default Judgment against WasteResources is GRANTED in part and DENIED in part consistent with this Order. Final Default Judgment will be entered by separate order. DONE AND ORDERED in Chambers at Miami, Florida, on March 13, 2023. BETHBLOOM i iss UNITED STATES DISTRICT JUDGE cc: Counsel of Record