3:25-cv-00610•SECURED CAPITAL GROUP LLC v. PENSACOLA HERITAGE INVESTMENTS LLC et al
SECURED CAPITAL GROUP LLC v. PENSACOLA HERITAGE INVESTMENTS LLC et al
3:25-cv-00610Flnd24.07.2026
Gesamter Gesetzestext
Page 1 of 18 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION SECURED CAPITAL GROUP, LLC, Plaintiff, v. Case No. 3:25cv610-MCR-HTC PENSACOLA HERITAGE INVESTMENTS, LLC, et al., Defendants. _______________________________/ REPORT AND RECOMMENDATION On December 12, 2025, the undersigned recommended a default judgment be entered in favor of Plaintiff Secured Capital Group LLC (“Secured Capital”) in the amount of $2,488,500 in compensatory damages and that a hearing be held on Secured Capital’s request for punitive damages and attorneys’ fees and costs.1 Doc. 65. On May 1, 2026, the District Judge adopted the undersigned’s recommendation. Doc. 67. After conducting an evidentiary hearing, the undersigned recommends punitive damages be entered in the amount of $500,000. 1 The basis for the default judgment is that Defendants committed perjury and made material misrepresentations in their responses to discovery and other filings with the Court. Doc. 65. Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 1 of 18
Page 2 of 18 Case No. 3:25cv610-MCR-HTC I. Background and Procedural History As set out in detail in the previous Report and Recommendation (Doc. 65), this action arises out of a breach of two escrow agreements Secured Capital entered into with Defendant Pensacola Heritage Investments LLC (“PHI”), through its manager Defendant John E. McCorvey (“McCorvey”), and allegations of fraud related to those agreements. See Doc. 1 at 22-35. Under the terms of the Escrow Agreements, PHI agreed to serve as the “Escrow Agent” and hold in escrow a total of $3 million (the “Escrow Funds”) for Secured Capital. The purpose of the Escrow Funds was to temporarily provide two companies—Orlando All Sports Dome LLC (“Dome”) and The Tormenta Group, LLC (“Tormenta”)—with funding while the companies tried to obtain permanent financing from Knight’s Lending LLC to develop sports facilities. In addition, Dome and Tormenta were each required to deposit $150,000 with PHI. Although the Escrow Agreements prohibited PHI from disbursing or distributing the Escrow Funds “other than as dictated in [the] agreement” or as authorized by Secured Capital, it is undisputed that Defendants breached the Escrow Agreements by retaining for themselves or diverting without authority $2,488,500 of the Escrow Funds. For example, as more fully set out in the Report and Recommendation, PHI transferred at least $87,442.86 of the Escrow Funds to Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 2 of 18
Page 3 of 18 Case No. 3:25cv610-MCR-HTC Defendant Pensacola Heritage Title LLC (“PHT”). Additionally, funds were transferred to McCorvey for personal expenditures. After conducting an evidentiary hearing on Secured Capital’s motion for default judgment and considering McCorvey’s testimony and the documentary evidence presented by Secured Capital, the undersigned determined that McCorvey committed fraud on the Court and, even at the evidentiary hearing, was unable to provide any credible answers. As discussed in the Report and Recommendation, throughout this litigation, Defendants acted in bad faith and brazenly lied to the Court and Secured Capital on numerous occasions in pleadings, a sworn document, and discovery responses that they transferred the Escrow Funds, in good faith, to an account at Stifel at the direction of Dome, Tormenta, and Franklin Ansah. Thus, the Court exercised its inherent power and sanctioned the Defendants by entering a default judgment. In recommending that a default judgment be entered as a sanction for Defendants’ fraud on the court, the undersigned also determined that Secured Capital had stated allegations, which when accepted as true, were sufficient to support the elements of each of its claims. As the undersigned noted, however, “[a]lthough a defaulted defendant admits well-pleaded allegations of liability, allegations relating to the amount of damages are not admitted by virtue of default. Rather, the Court determines the amount and character of damages to be awarded.” Miller v. Paradise Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 3 of 18
Page 4 of 18 Case No. 3:25cv610-MCR-HTC of Port Richey, Inc., 75 F. Supp. 2d 1342, 1346 (M.D. Fla. Nov. 9, 1999) (citation omitted). “The plaintiff has the burden of proving the amount of damages to be awarded.” Wallace v. The Kiwi Grp., Inc., 247 F.R.D. 679, 681 (M.D. Fla. Jan. 3, 2008). The undersigned determined Secured Capital had met its burden of establishing it is entitled to $2,488,500 in compensatory damages. However, although the undersigned concluded Secured Capital’s allegations against Defendants for fraudulent inducement and breach of fiduciary duty were sufficient to support a claim for punitive damages, the undersigned determined the Court could not fashion an amount for those damages without an evidentiary hearing. See Jenkins v. Clerk of Ct., U.S. Dist. Ct., S. Dist. of Fla., 150 F. App’x 988, 989-90 (11th Cir. 2005) (“Punitive damages are not a certain or ascertainable sum, and cannot be entered without a hearing.”); Adolph Coors Co. v. Movement Against Racism & the Klan, 777 F.2d 1538, 1543-44 (11th Cir. 1985) (holding a “judgment of default awarding cash damages could not properly be entered ‘without a hearing unless the amount claimed is a liquidated sum or one capable of mathematical calculation’”) (quoting United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979)). On May 1, 2026, the District Judge adopted the Report and Recommendation and remanded the matter to the undersigned to conduct an evidentiary hearing on attorneys’ fees and punitive damages. Doc. 67. On June 12, 2026, the undersigned Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 4 of 18
Page 5 of 18 Case No. 3:25cv610-MCR-HTC conducted an evidentiary hearing on the issue of punitive damages.2 At the hearing, Secured Capital admitted the following documents into evidence: Exhibit 1 “Accounting” (Doc. 77-1) and Exhibit 2 “Deposition of Defendant John McCorvey” (Doc. 77-2). The only witness who testified at the hearing was Defendant McCorvey.3 Secured Capital seeks a punitive damages award of four times the amount of compensatory damages. II. Findings of Fact Based on the evidentiary hearing, the undersigned makes the following findings of fact and determinations of law.4 1. Secured Capital entrusted the Defendants with the Escrow Funds. 2. Defendants were prohibited from distributing or disbursing the Escrow Funds other than as authorized by the Escrow Agreement or Secured Capital. 3. In January 2025, Defendants certified they were holding $3,000,000 of the Escrow Funds.5 Nonetheless, Defendants failed to return $2,488,500 of the Escrow Funds to Secured Capital despite a demand for same. 2 Secured Capital filed a notice with the Court disclaiming any intent to seek attorneys’ fees and costs. Doc. 70. 3 Although McCorvey was shown several exhibits for purposes of refreshing his memory, none were admitted into evidence. 4 Some of the facts stated herein were findings made in the Report and Recommendation. 5 See Doc. 1 at 38; Doc. 29-3 at 2 Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 5 of 18
Page 6 of 18 Case No. 3:25cv610-MCR-HTC 4. After the lawsuit was filed, McCorvey testified under oath that he transferred the Escrow Funds to a brokerage account as requested and directed by the principals involved in the transaction and a representative of the principals. 5. The Court ordered Defendants to provide an accounting of the Escrow Funds. The Court also enjoined Defendants from further dissipating the remaining Escrow Funds of approximately $16,000. 6. Contrary to the representations he made to the Court and in discovery responses, at McCorvey’s deposition, he admitted the Escrow Funds were not transferred to a brokerage account at the principals’ request. 7. To this day, Defendants have failed to provide a true account of how the Escrow Funds were used. They have also failed to provide complete bank account statements to Secured Capital. What Defendants have provided is a makeshift accounting, created by their counsel from incomplete bank statements, which purports to, but does not, provide any clarity on what Defendants did with the Escrow Funds. 8. Nonetheless, the “accounting” shows hundreds of thousands of dollars went to John McCorvey, personally. 9. The “accounting” also shows Defendants began diverting the Escrow Funds almost immediately after receiving them. Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 6 of 18
Page 7 of 18 Case No. 3:25cv610-MCR-HTC 10. Defendants continued to dissipate the Escrow Funds after the litigation was filed, in contravention of the Court’s injunction. 11. Defendants are liable to Secured Capital for breach of contract, breach of fiduciary duty, negligence, fraud, conversion, aiding and abetting, and conspiracy. 12. McCorvey has a 1/3 ownership interest in two vacant lots, and each lot is worth around $19,000. He also has a 1/3 ownership interest in a 2,600 square foot residential home, valued at approximately $380,000-$400,000, with a mortgage of $283,000-$300,000. Despite seemingly limited income, McCorvey pays the mortgage on this residence, where his mother lives. A portion of the Escrow Funds was transferred into McCorvey’s private account to pay this mortgage. 13. McCorvey also pays an approximate $4,500 monthly mortgage on a property he lives in with his fiancée, which is owned by an LLC. McCorvey claims to have no interest in that LLC. The property is valued at approximately $450,000- $500,000 and has a mortgage of approximately $380,000. 14. McCorvey’s other assets and liabilities include two vehicles, a 2016 Chevy worth approximately $8,000 and a 2023 GMC Sierra, valued at approximately $60,000-$65,000. Both vehicles have loans on them and McCorvey claims to be three to four months behind on those loan payments. Additionally, Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 7 of 18
Page 8 of 18 Case No. 3:25cv610-MCR-HTC McCorvey claims to have $3,500-$4,000 in cash, less than $1,000 in a 401(k)/IRA,6 and a personal loan of $15,000. 15. It is unclear, however, what companies McCorvey owns or has an interest in, as his testimony was not credible and inconsistent. For example, McCorvey could not provide a straight response to whether he had an interest in J & J 116, LLC, an entity which owns an entertainment venue worth approximately $1.7 million, with a loan of approximately $1.3 million. Although McCorvey testified at his deposition he owned a 30-40% interest in J&J 116, at the hearing he testified he “manages” that entity and does not have an ownership interest. 16. Defendants, particularly McCorvey, continue to be engaged in the business of either holding funds in escrow or acting as a “pass through” for funds from third parties.7 McCorvey receives a percentage fee for each transaction as a “pass through,” ranging from 2% to 10% of the total funds transferred. For example, on May 28, 2026, $200,000 was deposited into a PHI business account and $100,000 was withdrawn on that same date. When questioned about this transaction, McCorvey explained that PHI was serving as a “pass through” and received a fee for its services. McCorvey, however, could not identify the entity who deposited the 6 Based on an account statement from Charles Schwab, McCorvey withdrew approximately $45,000 in January 2026. McCorvey testified he used these funds to pay bills. 7 When asked how he makes a living, McCorvey said by operating as a “pass through.” Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 8 of 18
Page 9 of 18 Case No. 3:25cv610-MCR-HTC funds, why the company needed to use PHI as a “pass through,” or how much of a fee PHI received. 17. PHT has $200,000 that it is holding in “escrow.” 18. Defendants have at least one other default judgment against them regarding similar violations of an Escrow Agreement. See Not Another, LLC v. Orlando All Sports Dome, LLC, et al., 2025-CA-001806-O, in the Circuit Court of the Ninth Judicial District in and for Orange County, Florida.8 The Defendants owe approximately $157,000 for the default judgment in that case. See id. 19. McCorvey also owes approximately $80,000 for a judgment against him regarding a lawsuit related to a business called Cask and Flights, another business in which he has an ownership interest. 20. PHT has a judgment against it for $50,000, related to a merchant credit card account. III. Discussion Based on the evidence presented at the default judgment and punitive damages hearings, the Court finds that Secured Capital has shown through clear and convincing evidence that Defendants intentionally engaged in fraud. The Court 8 According to the allegations in Not Another, LLC, which are accepted as true because of Pensacola Heritage’s default, Not Another, LLC, deposited funds totaling $180,000 with Pensacola Heritage as an Escrow Agent and Pensacola Heritage was to return $150,000 to Not Another, LLC by October 24, 2024. See Motion for Default Judgment, 2025-CA-001806-O. Although Not Another, LLC made a demand to Pensacola Heritage on November 25, 2024, to return the funds, Pensacola Heritage failed and refused to do so. Id. Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 9 of 18
Page 10 of 18 Case No. 3:25cv610-MCR-HTC further finds Defendants had a specific intent to harm Secured Capital when Defendants knowingly entered into an Escrow Agreement with Secured Capital and accepted the Escrow Funds with no intent to hold the funds in escrow. Thus, for the reasons discussed below, the undersigned finds Secured Capital is entitled to a punitive damages award of $500,000. This amount is not excessive and comports with due process while at the same time serving as both a punishment and deterrent to the Defendants and other actors. A. Legal Standard Under Florida law,9 punitive damages may be awarded only if the trier of fact determines based on “clear and convincing evidence,”10 that the defendant is guilty of “intentional misconduct” or “gross negligence.” Diamond Tr. u/a/d 10/28/2005 v. Diamond, 2022 WL 4493035, at *4 (11th Cir. Sept. 28, 2022) (citing Fla. Stat. § 768.72(2)). Intentional misconduct occurs when a “defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage.” Fla. Sat. 9 In diversity cases, the court applies state substantive law to determine whether there is sufficient evidence of conduct warranting punitive damages. Toole v. Baxter Healthcare Corp., 235 F.3d 1307, 1317 (11th Cir. 2000). 10 “‘Clear and convincing evidence’ is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.” TMCT PLLC v. Wright, 2025 WL 4033368, at *8 (S.D. Fla. Nov. 24, 2025), report and recommendation adopted, 2025 WL 3628139 (S.D. Fla. Dec. 15, 2025) (collecting cases awarding punitive damages in default judgment cases). Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 10 of 18
Page 11 of 18 Case No. 3:25cv610-MCR-HTC § 768.72(2)(a). To prove intentional misconduct, a plaintiff must present evidence that the defendant’s conduct was committed “in an outrageous manner or with fraud, malice, wantonness or oppression.” Imperial Majesty Cruise Line, LLC v. Weitnauer Duty Free, Inc., 987 So. 2d 706, 708 (Fla. 4th DCA 2008) (citing Hospital Corp. of Lake Worth v. Romaguera, 511 So. 2d 559, 565 (Fla. 4th DCA 1986)); Owens- Corning Fiberglas Corp. v. Ballard, 749 So. 2d 483, 486 (Fla. 1999) (“[P]unitive damages are appropriate when a defendant engages in conduct which is fraudulent, malicious, deliberately violent or oppressive[.]”). “‘Gross negligence’ means that the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.” Fla. Stat. § 768.72(2)(b). “The purpose of punitive damages is to ‘punish the wrongdoer.’” IBP, Inc. v. Hady Enters., Inc., 267 F. Supp. 2d 1148, 1171 (N.D. Fla. Feb. 26, 2002) (quoting St. Regis Paper Co. v. Watson, 428 So. 2d 243, 247-48 (Fla. 1983)). It is also to deter a defendant and others from engaging in similarly reprehensible conduct in the future. See Myers v. Central Fla. Inv., Inc., 592 F.3d 1201, 1216 (11th Cir. 2010). In awarding punitive damages, the court must ensure (1) “the manifest weight of the evidence does not render the amount of punitive damages assessed out of all reasonable proportion to the malice, outrage, or wantonness of the tortious conduct”; (2) the award “bears some relationship to the defendant’s ability to pay and does not Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 11 of 18
Page 12 of 18 Case No. 3:25cv610-MCR-HTC result in economic castigation or bankruptcy of the defendant”; and (3) the award “must bear some reasonable relation to compensatory damages.” See Engle v. Liggett Grp., Inc., 945 So. 2d 1246, 1263-64 (Fla. 2006). However, because, under Florida law, punitive damages are “permissive” rather than mandatory, the court is not obligated to award any amount of punitive damages. See Diamond, 2022 WL 4493035, at *5. Florida imposes certain caps on an award of punitive damages. Per Florida Statute § 768.73, punitive damages shall not exceed three times the amount of compensatory damages, unless a defendant acted to achieve unreasonable financial gain, or if a defendant had a specific intent to harm Secured Capital. Fla. Stat. § 768.73(1)(a)(1). The statutory limit is raised to four times the amount of compensatory damages if the evidence shows the defendant was motivated solely by unreasonable financial gain and there was a high likelihood of harm to the plaintiff. Fla. Stat. § 768.73(1)(b). And when “the fact finder determines that at the time of injury the defendant had a specific intent to harm the claimant and determines that the defendant’s conduct did in fact harm the claimant, there shall be no cap on punitive damages.” Fla. Stat. § 768.73(1)(c). Finally, to ensure the amount of a punitive damages award comports with due process, courts consider the following three guideposts: (1) the reprehensibility of the conduct, (2) the disparity between the harm or potential harm and the punitive Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 12 of 18
Page 13 of 18 Case No. 3:25cv610-MCR-HTC damages award, and (3) the similarities between the award and the penalties imposed in similar cases. BMW of North America, Inc. v. Gore, 517 U.S. 559, 575 (1996); see also, Engle, 945 So. 2d at 1264. B. Analysis Here, Secured Capital seeks a punitive damages award of four times compensatory damages. However, the undersigned finds that to be excessive. Instead, the undersigned recommends punitive damages be assessed in the amount of $500,000. The undersigned finds this amount to be proportional to Defendants’ wrongful conduct; reflects the Defendants’ ability to pay; and is reasonably related to the compensatory damages. Additionally, the undersigned finds the amount to be consistent with the due process concerns recognized in BMW. Secured Capital trusted Defendants to hold the Escrow Funds for the purpose of allowing other entities to obtain funding for sports development projects. The Escrow Agreements prohibited Defendants from disbursing the Escrow Funds, other than as specifically directed by Secured Capital or the agreements. However, almost immediately after the funds were transferred into escrow, Defendants distributed the funds to themselves for their own personal benefit. While Defendants may argue it was always their intent to return the funds at some point, that simply cannot be the case. At the time Defendants converted the Escrow Funds to their own use, Defendants were indebted to other investors on other Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 13 of 18
Page 14 of 18 Case No. 3:25cv610-MCR-HTC projects, some of whom had similarly deposited funds with Defendants to hold in trust or escrow. Defendants were essentially running some sort of Ponzi scheme; they were robbing Peter to pay Paul until the well ran dry. Furthermore, the evidence shows that Defendants hid their wrongful behavior from Secured Capital both before and after the litigation was filed by making false representations about the status of the Escrow Funds. Defendants’ lies delayed these proceedings and prevented Secured Capital and the Court from discovering their misconduct. Defendants’ misconduct began the moment they entered the Escrow Agreements with Secured Capital and continued throughout this litigation. Indeed, to this day, Defendants have not fully disclosed what happened to the more than $2.4 million entrusted to them. Furthermore, this is not the first or only time Defendants have misappropriated funds entrusted to them or faced court sanctions. A default judgment was entered against PHI in December 2025 in the amount of $157,000 for similar violations of an escrow agreement. See Not Another, LLC v. Orlando All Sports Dome, LLC, No. 2025-CA-001806-O (Fla. 9th Cir. Ct. Dec. 16, 2025). And given that Defendants continue to accept and hold funds in trust from other third parties, it is unlikely going to be the last time, unless Defendants face real consequences for their action. Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 14 of 18
Page 15 of 18 Case No. 3:25cv610-MCR-HTC Finally, while the Court recognizes that it is not bound by any cap here, and that courts have regularly awarded three and even four times compensatory damages in cases involving monetary fraud or specific intent to harm,11 the undersigned does not find such an award to be appropriate here for several reasons. First, the compensatory damages amount is significant, and an award of four times that amount is almost $10,000,000. Thus, a smaller amount is warranted. See Criswell v. Lisenby, 2007 WL 9735884, at *5-6 (N.D. Ga. Apr. 17, 2007) (awarding $500,000 in punitive damages despite finding evidence of specific intent to harm because plaintiff already owed over $3,000,000 in other damages), report and recommendation adopted, 2007 WL 9735874 (N.D. Ga. Oct. 9, 2007); see also, Handal v. Joseph, 2014 WL 12860593 at *2 (S.D. Fla. July 18, 2014) (awarding $1,000,000 in punitive damages on motion for default judgment and stating, “[w]hile Defendant’s conduct was egregious enough to exceed the 4:1 ratio endorsed by the Supreme Court, the Undersigned does not find that this case warrants a punitive damage award beyond the application of the Supreme Court’s single-digit multiplier”); Goldsmith v. Bagby Elevator Co., Inc, 513 F.3d 1261, 1284 (11th Cir. 2008) (“We have upheld punitive damages awards that were greater than single-digit 11 Notably, the compensatory damages in those other cases, unlike in the present case, were all at or below $500,000. See Energy Source, Inc., v. Gleeko Props., LLC, 2012 WL 13008451, at *5- 6 (S.D. Fla. Dec. 12, 2012) (awarding punitive damages of three times compensatory damages, in a fraud case, where the compensatory damages were $439,200), report and recommendation adopted, 2013 WL 12244329 (S.D. Fla. Jan. 4, 2013). Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 15 of 18
Page 16 of 18 Case No. 3:25cv610-MCR-HTC multipliers of compensatory damages when the awards of compensatory damages were, like Goldsmith’s damages, relatively small and there was a substantial need for deterrence.”). Indeed, when the wrong is an economic rather than physical harm, “[i]t should be presumed a plaintiff has been made whole for his injuries by compensatory damages, so punitive damages should only be awarded if the defendant’s culpability, after having paid compensatory damages, is so reprehensible as to warrant the imposition of further sanctions to achieve punishment or deterrence.” State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408, 419 (2003). Second, the Defendants’ ability to pay a larger amount is questionable. As stated above, a punitive damages award must bear some relationship to the Defendants’ ability to pay. See Myers, 529 F.3d at 1216. “If [the] defendant’s financial worth is meager it would be to his advantage to introduce such evidence in order to mitigate the damage award.” See IBP, Inc., 267 F. Supp. 2d at 1171 (citation omitted). Here, Defendants argue they are unable to pay any significant damages award and that such an award would bankrupt them. Given McCorvey’s lack of credibility, the undersigned is not convinced that the Defendants’ financial picture is as dire as he would like to represent. Nonetheless, it does not appear that Defendants have significant funds or assets available to satisfy a large punitive damages award. As stated above, in addition to the more than $2 million compensatory damages award in this case, Defendants are also facing judgments in other cases of over Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 16 of 18
Page 17 of 18 Case No. 3:25cv610-MCR-HTC $200,000. Additionally, based on the evidence presented at the default judgment hearing, Defendants were using Secured Capital’s funds to cover their personal expenses and pay other debts. Third, aside from the loss of the funds, Secured Capital did not suffer any other damage. Although the Escrow Funds were remitted to the Defendants for the purpose of obtaining construction loans for the development of sports facilities, there is no evidence before the Court that the loss of the Escrow Funds resulted in other monetary or business damage to Secured Capital. For example, there is no evidence regarding the effect the loss of the Escrow Funds had on Secured Capital’s operations or investors. See Energy Source, Inc., 2012 WL 13008451, at *5-6 (awarding treble damages because plaintiffs were unable to proceed with contract as a result of defendants’ fraudulent and wrongful conduct). For the reasons set forth above, the undersigned finds a punitive damages award of $500,000 to be sufficient. Accordingly, it is RECOMMENDED that: 1. Secured Capital be awarded punitive damages of $500,000. 2. The clerk enter a final judgment in favor of Secured Capital in the total amount of $2,988,500, consisting of $2,488,500 in compensatory damages and $500,000 in punitive damages. 3. The clerk close the file. Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 17 of 18
Page 18 of 18 Case No. 3:25cv610-MCR-HTC At Pensacola, Florida, this 24 th day of July, 2026. /s/ Hope Thai Cannon HOPE THAI CANNON UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Objections to these proposed findings and recommendations must be filed within fourteen (14) days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only and does not control. An objecting party must serve a copy of its objections upon all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court’s order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1. Case 3:25-cv-00610-MCR-HTC Document 78 Filed 07/24/26 Page 18 of 18
Was bedeutet dieser Text für Ihre Situation?
Kostenlose und unverbindliche Beratung
Schildern Sie uns Ihre Situation. Unser Team meldet sich per E-Mail bei Ihnen für Ihre Beratung.
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.