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Helix Investment Management, LP v. Privilege Direct Corp.

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

November 5, 2019

HELIX INVESTMENT MANAGEMENT, LP, Plaintiff,
v.
PRIVILEGE DIRECT CORP., et al., Defendants.

          ORDER

          VIRGINIA M. HERNANDEZ COVINGTON, UNITED STATES DISTRICT JUDGE

         On October 18, 2019, United States Magistrate Judge Anthony E. Porcelli entered Reports and Recommendations (Doc. ## 185, 186), recommending that Helix's Motion for Entry of Default Judgment against Privilege Direct Corp. (Doc. # 127), and Amended Motion for Entry of Default Judgment against Oliphant Financial Group, LLC (Doc. # 175), be granted. Also on October 18, 2019, Judge Porcelli entered a Report and Recommendation recommending that Helix's Motion for Attorney Fees and Costs (Doc. # 170) be granted in part. (Doc. # 184). No objections have been filed for any of the Reports and Recommendations, and the time for the submission of objections has expired.

         After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F.Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994) (Table).

         After conducting a careful and complete review of the findings, conclusions, and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the magistrate judge with respect to the above-mentioned motions.

         Accordingly, it is now

         ORDERED, ADJUDGED, and DECREED:

         (1) The Reports and Recommendations (Doc. ## 184, 185, 186) are ACCEPTED and ADOPTED.

         (2) Helix Investment Management, LP's Motion for Entry of Default Judgment against Privilege Direct Corp. (Doc. # 127) and Amended Motion for Entry of Default Judgment against Oliphant Financial Group, LLC (Doc. # 175) are GRANTED.

         (3) Helix's Motion for Attorney Fees and Costs (Doc. # 170) is GRANTED IN PART.

         (4) The Clerk is directed to enter judgment in favor of Helix Investment Management, LP, and against Privilege Direct Corp. and Oliphant Financial Group, LLC, as follows:

(a) Helix is awarded monetary damages against Privilege in the amount of $1, 633, 744.73, plus pre-judgment interest;
(b) Oliphant Financial Group is liable to Helix for Count I for breach of the Oliphant Security Agreement; Counts III, IV, V, and VI for breach of Promissory Notes Numbers 1 through 4; and Count VII for breach of the March 2, 2016, Binding Term Sheet;
(c) Oliphant Financial Group must transfer all legal and beneficial interest and ownership in debt portfolios K0001 through K0006, and Evine 469 through 471 to Helix;
(d) Oliphant Financial Group must transfer all legal and beneficial interest in debt portfolios K0007 (20% share interest) and ...

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