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-00610Flnd12 dic 2025
Testo completo
Page 1 of 33 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 This matter is before the Court on: (1) Plaintiff Secured Capital Group LLC’s (“Secured Capital”) Motion to Strike Answer and Grant Default Judgment for Perjury and Discovery Abuse, and in the Alternative, Motion for Summary Judgment (Docs. 46, 47, & 48); and (2) Defendants Pensacola Heritage Investments LLC (“PHI”), Pensacola Heritage Title LLC (“PHT”), and John McCorvey’s Motion for Leave to File an Amended Answer (Docs. 54, 55). After reviewing the parties’ written submissions1 and the relevant law, and with the benefit of oral argument and an evidentiary hearing held on November 20, 2025, the undersigned finds the 1 Defendants responded in opposition to the motion to strike and for default judgment (Docs. 50, 51, & 52) and Secured Capital responded in opposition to Defendants’ motion (Doc. 57) and filed a reply in support of its motion (Doc. 58). Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 1 of 33
Page 2 of 33 Case No. 3:25cv610-MCR-HTC severity of Defendants’ litigation misconduct warrants striking their answer, denying leave to amend, and entering a default judgment in favor of Secured Capital. I. Background and Procedural History This action arises out of a breach of two escrow agreements Secured Capital entered into with PHI, through its manager 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. Additionally, PHI could not disburse or distribute the Escrow Funds “other than as dictated in [the] agreement” or as authorized by Secured Capital. PHI had an obligation to hold the Escrow Funds in escrow and return the Escrow Funds (less any authorized disbursements) to Secured Capital at the expiration of the “Escrow Period.” After the Escrow Period expired in February 2025, Secured Capital made a demand for the Escrow Funds. Despite certifying in January 2025 that Defendants were holding $1,500,000 in escrow under the Tormenta Escrow Agreement (Doc. 1 Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 2 of 33
Page 3 of 33 Case No. 3:25cv610-MCR-HTC at 38), Defendants failed to return any of the Escrow Funds under that agreement. And because Defendants returned only $661,500 under the Dome Escrow Agreement, they failed to return a total of $2,488,500 of the Escrow Funds to Secured Capital. Thus, this action ensued. On May 9, 2025, Secured Capital filed a 10-count complaint against the Defendants alleging, among others, claims for breach of contract, negligence, breach of fiduciary duty, and conversion, and seeking monetary and injunctive relief. Doc. 1. On June 11, 2025, Defendants filed a joint answer which included two affirmative defenses. First, Defendants sought a “limitation of liability” on the basis that they moved the Escrow Funds to facilitate other projects at the “behest” of Dome, Tormenta, and an individual named Franklin Ansah, in “good faith.” Doc. 21 at 8- 9. Second, Defendants claimed that Dome, Tormenta, and Ansah were indispensable parties to the action. Id. at 9. Defendants also filed a response in opposition to a motion for preliminary injunctive relief. Doc. 22. After reviewing the Defendants’ response to the motion, the Court ordered Defendants to provide additional information. Doc. 24. Namely, the Court ordered Defendants to submit an affidavit advising the Court whether Defendants still possessed or controlled any of the Escrow Funds, and when any portions were dispersed or transferred. Id. at 4. Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 3 of 33
Page 4 of 33 Case No. 3:25cv610-MCR-HTC On June 23, 2025, Defendants submitted an affidavit from McCorvey.2 Doc. 27-1 (the “McCorvey Affidavit”). In that affidavit, McCorvey stated under oath, as follows: On September 11, 2024, acting in my capacity as escrow agent and pursuant to instructions received from the principals involved in the transactions at issue—Orlando All Sports Dome, LLC and The Tormenta Group, LLC (collectively, the “Principals”)—as well as Franklin Ansah (whom I understood to be a representative or agent of the Principals), I transferred the funds in PH Investments’ escrow accounts to an account at Stifel (a brokerage and investment banking firm) as requested by Franklin Ansah. As of today, and as a result of the transfers described above, the escrow accounts at issue have the following balances: The First Bank: $85.21 PNC Bank: $15,284.95. Doc. 27-1 at 3-4. In reliance on the record before it, including the McCorvey Affidavit, the Court declined to freeze all of Defendants’ assets, but did enjoin Defendants from transferring or otherwise disbursing the remaining Escrow Funds. Doc. 30. The Court also found the record provided a basis for accelerating discovery and requiring a full accounting from Defendants as to the transfer and whereabouts of the Escrow Funds. Id. at 11. Secured Capital is now before the Court seeking a default judgment 2 McCorvey is a member of PHI and PHT. Doc. 27-1 at 2. Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 4 of 33
Page 5 of 33 Case No. 3:25cv610-MCR-HTC because it contends Defendants lied in the affidavit, fabricated a false defense, and lied in their discovery responses. II. Secured Capital is entitled to a default judgment as a sanction. Throughout this litigation, Defendants represented to this Court and Secured Capital 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 Ansah. Those representations were undisputedly false. Defendants have abused the litigation process and committed fraud on the Court; their conduct warrants entry of a default judgment and no lesser sanction shall suffice. “A court may impose sanctions for litigation misconduct under its inherent power.” Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc., 561 F.3d 1298, 1306 (11th Cir. 2009) (citations omitted). “The court’s inherent power derives from the court’s need to manage its own affairs so as to achieve the orderly and expeditious disposition of cases,” but it “must be exercised with restraint and discretion.” Id. (cleaned up and citations omitted). “The key to unlocking a court’s inherent power is a finding of bad faith.” Barnes v. Dalton, 158 F.3d 1212, 1214 (11th Cir. 1998). A party may demonstrate bad faith “by delaying or disrupting the litigation or hampering enforcement of a court order.” Id. (quoting Primus Auto. Fin. Servs., Inc. v. Batarse, 115 F.3d 644, 649 (9th Cir. 1997)). Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 5 of 33
Page 6 of 33 Case No. 3:25cv610-MCR-HTC A. The Defendants acted in bad faith. There is little doubt in the undersigned’s mind that Defendants acted in bad faith. They knowingly and intentionally fabricated a defense to the allegations against them and derailed this case through a series of lies to Secured Capital and the Court which spanned nearly four months. They did so to delay the litigation and to avoid a preliminary injunction. Moreover, it was only when the “gig was up” that they finally came clean. First, Defendants brazenly lied to the Court under oath in the McCorvey Affidavit. As stated above, McCorvey stated he transferred the Escrow Funds to an account at Stifel at the request of Dome, Tormenta, and Ansah. However, in his October 1, 2025, deposition, McCorvey admitted those representations were false. The Escrow Funds were not transferred to the Stifel account or transferred based on instructions from Dome, Tormenta, or Ansah. McCorvey Depo., 86:13 – 87:6, 88:13-24, 90:1-9, 93:19-21, 129:14 – 130:8, 132:17 – 134:9, 136:23 – 137:1. And McCorvey knew at the time he submitted the affidavit and signed it under oath those representations were false.3 3 At the evidentiary hearing, Defendants’ counsel conceded the misstatements in the affidavit were intentional. Nevertheless, when McCorvey testified, he suggested he told his former counsel that funds related to the Dome and Tormenta projects were at Stifel and the false statement in the affidavit about transferring the Escrow Funds to Stifel was the result of a misunderstanding between him and counsel. However, that explanation is not credible. Regardless of any confusion surrounding the funding for the Dome and Tormenta projects, the false statement in the affidavit clearly indicated McCorvey had transferred the Escrow Funds to Stifel at the request of others and McCorvey knew he had never made such a transfer. Moreover, McCorvey admitted he read the Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 6 of 33
Page 7 of 33 Case No. 3:25cv610-MCR-HTC Thus, McCorvey fabricated evidence and committed perjury, conduct which Defendants concede amounts to fraud on the Court. See Johnson v. Law Offs. of Marshall C. Watson, PA, 348 F. App’x 447, 448 (11th Cir. 2009) (“To prove a fraud on the court, the plaintiff must show, by clear and convincing evidence, an unconscionable plan designed to improperly influence the court in its decision.”) (citation omitted); Bassett v. Wal-Mart Stores E., LP, 2019 WL 4691824, at *1-2 (S.D. Fla. July 10, 2019) (noting that to constitute fraud on the court the party’s actions must be directed to the court). Because Defendants perpetrated a fraud on the court, they acted in bad faith and severe sanctions are warranted. See Qantum Commc’ns Corp. v. Star Broad., Inc., 473 F. Supp. 2d 1249, 1269 (S.D. Fla. 2007) (“the inherent powers doctrine is most often invoked where a party commits perjury or destroys or doctors evidence”); Allapattah Servs., Inc. v. Exxon Corp., 372 F. Supp. 2d 1344, 1373 (S.D. Fla. 2005) (“Bad faith exists when the court finds that a fraud has been practiced upon it[.]”) (citation omitted); Vargas v. Peltz, 901 F. Supp. 1572, 1579 (S.D. Fla. 1995) (“Plaintiff’s intentional misconduct in presenting false evidence in support of her claims compels dismissal of this case.”). affidavit before it was submitted and the false Stifel story was repeated in so many filings and discovery responses the only possible explanation is that McCorvey intentionally promoted the story to excuse his culpability for transferring the Escrow Funds without Secured Capital’s authorization. Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 7 of 33
Page 8 of 33 Case No. 3:25cv610-MCR-HTC McCorvey’s affidavit was not the only instance where Defendants presented the false Stifel story to the Court. Indeed, Defendants’ mendacity began with their first substantive filings in this case. As discussed above, Defendants’ answer and their response to the motion for injunctive relief contained versions of the Stifel story. By raising affirmative defenses that had no factual basis, Defendants acted in bad faith. See Allapattah, 372 F. Supp. 2d at 1373 (“Bad faith exists … where a party … knowingly or recklessly raises a frivolous argument[.]”) (citation omitted). In addition, Defendants’ misconduct permeated the discovery process. Their responses to Secured Capital’s interrogatories and requests for admission repeatedly indicated the Escrow Funds had been transferred to an account with Stifel. Doc. 48 at 193, 195, 198, 201-03; Doc. 48 at 210, RFA Nos. 9 & 10. Their responses also contained false information regarding the amount of funds that were in the First Bank account in January 2025. Compare Doc. 48 at 210-11, RFA No. 12 (representing that when McCorvey sent the certification letters on January 10, 2025, “the First Bank Escrow Account did, in fact, have more than $3 million of client funds being held in escrow”) with McCorvey Depo., 110:21 – 111:8, 112:6 – 114:12 (admitting the First Bank account did not contain $3 million on January 10, 2025). Defendants also frustrated Secured Capital’s discovery efforts by: (1) giving misleading responses regarding what records they could access; and (2) withholding documents that were responsive to requests for production. For example, Secured Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 8 of 33
Page 9 of 33 Case No. 3:25cv610-MCR-HTC Capital asked Defendants to “[i]dentify all receipts or other confirmations showing deposits, withdrawals, or transfers of all or any part of the Escrow Funds” and to produce financial records related to the transfer of the funds. Doc. 48 at 197, 207. In response, Defendants suggested they could not identify or produce responsive financial records because their Synovus Bank escrow account was closed, and Renasant Bank’s acquisition of First Bank prevented them from accessing the First Bank escrow account. Id. However, McCorvey later admitted he had not produced all responsive documents, including handwritten notes he said he kept regarding his financial dealings. See McCorvey Depo., 12:12-15 (testifying he did not turn over to his former counsel the bank statements related to the accounts where the Escrow Funds were deposited); 73:8 – 74:6 (testifying he keeps a record of how he uses escrow funds through handwritten notes and notes on his computer, but he did not turn those notes over to his former counsel); 137:12-18 (testifying he had access to bank statements but did not have an explanation for why he did not produce those to Secured Capital). Defendants’ false discovery responses and failure to produce relevant documents prejudiced Secured Capital and delayed resolution of this case. Secured Capital was forced to obtain records from Stifel and depose Ansah to investigate the Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 9 of 33
Page 10 of 33 Case No. 3:25cv610-MCR-HTC claim that Defendants had transferred the Escrow Funds to Stifel.4 Thus, Defendants’ abuse of the discovery process also supports the determination that they acted in bad faith. See Eagle Hosp. Physicians, 561 F.3d at 1306 (“A party demonstrates bad faith by, inter alia, delaying or disrupting the litigation[.]”) (citation omitted). Based on the foregoing, clear and convincing evidence supports a finding that Defendants acted in bad faith during this litigation. They committed perjury in furtherance of fraud on the court, fabricated a defense, and abused the discovery process. Thus, the Court should use its inherent power to impose sanctions on the Defendants. B. The appropriate sanction for Defendants’ bad faith conduct is a default judgment. Having determined that sanctions are warranted, the Court must decide on an appropriate sanction. Secured Capital argues Defendants’ misconduct is severe enough to justify striking their answer and entering a default judgment. Defendants seek a lesser sanction, such as a fine or an award of attorney’s fees. 4 According to Secured Capital’s counsel, once Secured Capital obtained the Stifel records, it notified Defendants’ counsel at that time, Charlie Wiggins and Reed Taylor, that the information in the affidavit contradicted the records Secured Capital had obtained. Despite having that information, former counsel failed to alert the Court to the falsity of the affidavit. According to former counsel, by that time, they had already notified Defendants of their intent to withdraw and were about to file the motion to withdraw; thus, they did not believe they needed to take any further action. Counsel’s obligation to the Court and to the Defendants, however, did not end until their motion to withdraw was granted. Thus, counsel should have notified the Court of the issues with the affidavit. Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 10 of 33
Page 11 of 33 Case No. 3:25cv610-MCR-HTC The undersigned agrees with Secured Capital; a sanction other than a default judgment is insufficient. First, Defendants’ wrongdoing did not consist of an isolated incident. They promoted the false Stifel story over several months and during almost the entire discovery period. They promoted it through multiple avenues, including their answer (Doc. 21), their response to the motion for emergency injunctive relief (Doc. 22), McCorvey’s affidavit (Doc. 27), and their discovery responses (Doc. 48 at 192-214). And they failed to produce relevant documents to Secured Capital that would have shown that story was false. Because Defendants knew from the outset that they had never transferred money to an account at Stifel, they intentionally engaged in a scheme to derail these proceedings. Furthermore, shortly before McCorvey’s deposition, Secured Capital provided him with the records it obtained from Stifel, which showed no money had been transferred from PHI to Stifel. Thus, McCorvey’s admission that the Stifel story was false in his deposition was not driven by a voluntary decision to come clean, but instead by the realization that the game was up. Given the seriousness of Defendants’ pattern of misconduct, no sanction other than the imposition of a default judgment is sufficient.5 Cf. Vargas, 901 F. Supp. at 1579 (noting dismissal is 5 The steps Defendants have taken to ameliorate the effects of their misconduct have also been lackluster. Defendants waited until October 27—after discovery ended and after Secured Capital filed its October 15 motion for sanctions—to provide amended discovery responses. And Defendants did not seek to withdraw the false affidavit or otherwise notify the Court about it following the October 1 deposition. Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 11 of 33
Page 12 of 33 Case No. 3:25cv610-MCR-HTC appropriate when “a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the trier or unfairly hampering the presentation of the opposing party’s claim or defense”) (quoting Aoude v. Mobil Oil Corp., 892 F.2d 1115, 1118 (1st Cir. 1989)). Second, McCorvey’s testimony at his deposition and the evidentiary hearing do not indicate Defendants would litigate this case in good faith if the Court were to impose a sanction other than a default judgment. See Malautea v. Suzuki Motor Co., Ltd., 987 F.2d 1536, 1542 (11th Cir. 1993) (“[T]he severe sanction of a dismissal or default judgment is appropriate only as a last resort, when less drastic sanctions would not ensure compliance with the court’s orders.”). In both settings, McCorvey gave evasive and incredible answers to straightforward questions. For example, in response to a question at the November 20 hearing about whether he knew the affidavit containing the Stifel story was false at the time he signed it, McCorvey stated, “I must have, but this is a misrepresentation of what I meant,” despite admitting just a few seconds earlier that he had read the affidavit when he signed it. Similarly, McCorvey testified he did not think he told his former attorneys he did not have any bank records related to transactions involving the Escrow Funds, then gave a series of nonresponsive answers to follow-up questions. The undersigned found McCorvey’s responses, many of which contradicted his own testimony as well Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 12 of 33
Page 13 of 33 Case No. 3:25cv610-MCR-HTC as the statements made by his current and former counsel, to be contrived and not credible. Moreover, in response to a question from Secured Capital’s counsel, McCorvey testified unequivocally that no funds were transferred to PHT. However, records from PNC Bank show that $87,442.86 was transferred from PHI to PHT in December 2024. Doc. 47 at 42. McCorvey also testified at both his deposition and the hearing that he had received “very little” compensation from PHI. But the “accounting” Defendants produced in response to the motion for sanctions classifies over $600,000 as being “payments to, or for, John McCorvey.” Doc. 52-1. When questioned about this discrepancy, McCorvey suggested the accounting, which was prepared by his current counsel, may be incorrect. However, bank records confirm money from PHI’s escrow accounts was withdrawn by McCorvey or transferred to “personal” accounts. See e.g., Doc. 47 at 42 (showing that $31,000 was transferred in December 2024 from PHI’s PNC Bank account to another PNC Bank account McCorvey used for personal expenditures and a bar/restaurant he operated); Doc. 52-2 (showing that between June 2024 and September 2024, $165,000 was transferred from PHI’s Synovus account to McCorvey’s “personal use mostly” Synovus account); Doc. 52-3 (showing that between August 2024 and April 2025, $106,300 was transferred from PHI’s First Bank account to another account “used Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 13 of 33
Page 14 of 33 Case No. 3:25cv610-MCR-HTC for rent/utilities and to pay John [McCorvey]”). McCorvey’s testimony to the contrary is not credible. Despite knowing Defendants were potentially facing sanctions, McCorvey continued to exhibit a lack of candor with the Court and continued to try to spin the narrative in his favor. The undersigned finds no lesser sanction than a default judgment will prevent Defendants from continuing to mislead Secured Capital and the Court. See Chemtall, Inc. v. Citi-Chem, Inc., 992 F. Supp. 1390, 1409 (S.D. Ga. 1998) (“‘Ultimate sanction’ cases ultimately rest upon the conviction that no lesser sanction will prevent the offending litigant from continuing to lie or distort the truth so pervasively that it ‘prevent[s] the opposing party from fairly presenting his case or defense.’”) (quoting Nichols v. Klein Tools, Inc., 949 F.2d 1047, 1048 (8th Cir. 1991)). Third, McCorvey has not complied with the preliminary injunction the Court imposed on July 9, 2025. That order: (1) noted McCorvey’s affidavit “lists the current escrow account balances, as of June 23, 2025, as $85.21 in The First Bank account and $15,284.95 in the PNC Bank account” and (2) stated “Defendants are hereby enjoined from transferring, appropriating, or disbursing the Escrow Funds that remain within their control and possession, except at the sole discretion and instruction of Plaintiff Secured Capital[.]” Doc. 30. However, McCorvey testified at his deposition that PHI only had about $1,000 as of October 1. McCorvey Depo., Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 14 of 33
Page 15 of 33 Case No. 3:25cv610-MCR-HTC 30:18-20. And at the hearing, he testified that the PNC Bank account only had about $5,000 in it as of November 20. Thus, Defendants have willfully disregarded court orders. That conduct supports imposition of a default judgment rather than lesser sanctions. See Adolph Coors Co. v. Movement Against Racism & the Klan, 777 F.2d 1538, 1542-43 (11th Cir. 1985) (noting willful or bad faith disregard of court orders justifies entry of a default judgment). Finally, although McCorvey attempted to place some of the blame on his former and current counsel for “misunderstanding,” the undersigned finds that it was McCorvey who led his counsel astray and counsel, unfortunately, assumed McCorvey would tell them the truth.6 See Hornady v. Outokumpu Stainless USA, LLC, 118 F.4th 1367, 1378 (11th Cir. 2024) (“The harsh sanction of default judgment is appropriate here where [a party] itself is culpable.”); cf. Betty K Agencies, Ltd. v. M/V MONADA, 432 F.3d 1333, 1338 (11th Cir. 2005) (“[T]he harsh sanction of dismissal with prejudice is thought to be more appropriate in a case where a party, as distinct from counsel, is culpable.”) (citation omitted). 6 The January 2025 Certification Letters (Doc. 1 at 38; Doc. 29-3 at 2) should have led counsel to question McCorvey’s claim about transferring the escrow funds to Stifel in September 2024. Counsel should have performed a more thorough investigation into the Stifel story before presenting it to the Court and Secured Capital or, at the very least, before withdrawing their representation. See Bernal v. All Am. Inv. Realty, Inc., 479 F. Supp. 2d 1291, 1326-27 (S.D. Fla. 2007) (noting “Rule 11 imposes an affirmative duty on attorneys to conduct a reasonable inquiry into the validity of a pleading before it is signed” and “[b]lind reliance on the client is seldom a sufficient inquiry”) (citations omitted). Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 15 of 33
Page 16 of 33 Case No. 3:25cv610-MCR-HTC Because McCorvey lied under oath about a central issue in the case, withheld discovery, and fabricated a defense, the undersigned finds default judgment is the only appropriate sanction. See Qantum Commc’ns Corp. v. Star Broad., Inc, 290 F. App’x 324, 324-25 (11th Cir. 2008) (“The factual findings by the district court that Hale lied under oath about a central issue in the case, withheld discovery about that issue in bad faith, and filed a bankruptcy petition in a bad-faith effort to delay the proceedings were not clearly erroneous and amply support the sanction.”). III. The allegations in the complaint are sufficient to support a default judgment.7 Before entering a default judgment, the Court must confirm the allegations in the complaint state a viable claim for relief.8 See Eagle Hosp. Physicians, 561 F.3d at 1307 (reviewing whether the well-pled factual allegations stated a claim when the district court ordered a default judgment pursuant to its inherent power to impose sanctions). All well-pleaded allegations of fact are deemed admitted upon entry of default. See Nishimatsu Constr. Co., Ltd. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975); Hartsfield v. Express Shipping & Towing, Inc., 2008 WL 508396, at *2 (M.D. Fla. Feb. 21, 2008) (“A defendant whose answer is stricken as a sanction … admits all well-pleaded allegations of the complaint as to liability for 7 Because the undersigned finds the allegations are sufficient to support a default judgment on all claims, the undersigned did not address the alternative request for summary judgment. 8 A court must also ensure it has jurisdiction before it enters a default judgment. The Court previously determined diversity jurisdiction exists. Doc. 30 at 1 n.1. Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 16 of 33
Page 17 of 33 Case No. 3:25cv610-MCR-HTC purposes of default judgment.”). “The requisite factual showing for a default judgment is similar to the factual showing necessary to survive a motion to dismiss for failure to state a claim.” Graveling v. Castle Mortg. Co., 631 F. App’x 690, 698 (11th Cir. 2015) (citation omitted). “Conceptually, then, a motion for default judgment is like a reverse motion to dismiss for failure to state a claim.” Surtain v. Hamlin Terrace Found., 789 F.3d 1239, 1245 (11th Cir. 2015). As discussed further below, the undersigned finds the allegations in the complaint are sufficient to state a claim for relief on all causes of action. A. Breach of Contract In Count 1, Secured Capital alleges a breach of contract claim against PHI. To state a breach of contract claim under Florida law, a plaintiff must plead: “(1) the existence of a contract; (2) a material breach of that contract; and (3) damages resulting from the breach.” Vega v. T-Mobile USA, Inc., 564 F.3d 1256, 1272 (11th Cir. 2009). The allegations in the complaint are sufficient to state a breach of contract claim against PHI because Secured Capital alleges: (1) it entered into the Dome and Tormenta escrow agreements with PHI; (2) it deposited $3 million with PHI pursuant to the agreements; (3) PHI breached the agreements by failing to return the total amount of funds due to Secured Capital at the conclusion of the escrow Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 17 of 33
Page 18 of 33 Case No. 3:25cv610-MCR-HTC period; and (4) due to the breach, PHI still owes Secured Capital $2,488,500. Thus, Secured Capital is entitled to a default judgment on its breach of contract claim. B. Breach of Fiduciary Duty In Count 2, Secured Capital alleges a breach of fiduciary duty claim against PHI and McCorvey. Under Florida law, “[t]he elements of a claim for breach of fiduciary duty are: the existence of a fiduciary duty, and the breach of that duty such that it is the proximate cause of the plaintiff’s damages.” Gracey v. Eaker, 837 So. 2d 348, 353 (Fla. 2002). “An escrow agent ‘has a fiduciary duty to exercise reasonable skill and ordinary diligence in holding and delivering possession of the escrowed property.’” All Purpose Title, LLC v. Knobloch, 397 So. 3d 85, 88 (Fla. 4th DCA 2024) (quoting Fla. Bar v. Marrero, 157 So. 3d 1020, 1024 (Fla. 2015)). Secured Capital’s factual allegations are sufficient to support a breach of fiduciary duty claim against PHI and McCorvey. Secured Capital alleges PHI and McCorvey owed fiduciary duties to Secured Capital because PHI was the escrow agent under the Dome and Tormenta agreements, and McCorvey controls PHI and was responsible for discharging PHI’s escrow-related obligations. See Knobloch, 397 So. 3d at 89 (stating an escrow agent owes a fiduciary duty to the parties to the escrow transaction); White-Wilson Med. Ctr. v. Dayta Consultants, Inc., 486 So. 2d 659, 661 (Fla. 1st DCA 1986) (“Individual officers and agents of a corporation are personally liable where they have committed a tort even if such acts are performed Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 18 of 33
Page 19 of 33 Case No. 3:25cv610-MCR-HTC within the scope of their employment or as corporate officers or agents.”) (citation omitted). Secured Capital also alleges PHI and McCorvey misappropriated the Escrow Funds and concealed the transfer of the funds from PHI’s escrow account. These allegations are sufficient to state a breach of fiduciary duty claim against PHI and McCorvey; accordingly, Secured Capital is entitled to a default judgment on Count 2. See Oginsky v. Paragon Props. of Costa Rica LLC, 784 F. Supp. 2d 1353, 1376 (S.D. Fla. May 16, 2011) (“Handling of escrowed funds in a manner contrary to the escrow agreement is a breach of an escrow holder’s fiduciary duties.”) (collecting cases); Vallina v. Mansiana Ocean Residences LLC, 2011 WL 11674441, at *5 (S.D. Fla. June 17, 2011) (an escrow agent “has a duty to disclose to a principal all material facts relevant to its agency”) (citations omitted). C. Negligence In Count 3, Secured Capital alleges PHI and McCorvey are liable for negligence. “To establish negligence under Florida law, a plaintiff must prove four elements: (1) a duty of care owed by the defendant to the plaintiff, (2) the defendant’s breach of that duty, (3) causation, and (4) damages suffered by the plaintiff.” Eason v. United States, 771 F. Supp. 3d 1263, 1282 (M.D. Fla. Mar. 24, 2025) (citing Resnick v. AvMed, Inc., 693 F.3d 1317, 1325 (11th Cir. 2012)). The complaint states a negligence claim against PHI and McCorvey because it alleges they owed legal duties to Secured Capital under the escrow agreements and they breached those Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 19 of 33
Page 20 of 33 Case No. 3:25cv610-MCR-HTC duties by failing to maintain and return the Escrow Funds, which resulted in Secured Capital losing $2,488,500. Thus, Secured Capital is entitled to a default judgment on its negligence claim. D. Fraud In Count 4, Secured Capital alleges all three Defendants are liable for fraudulent inducement.9 To prove fraudulent inducement under Florida law, “a plaintiff must show that: ‘(1) a false statement was made regarding a material fact; (2) the individual who made the statement knew or should have known that it was false; (3) the maker intended that the other party rely on the statement; and (4) the other party relied on the false statement to its detriment.’” Oginsky, 784 F. Supp. 2d at 1368 (quoting Taylor Woodrow Homes Fla., Inc. v. 4/46-A Corp., 850 So. 2d 536, 542 (Fla. 5th DCA 2003)). Here, the complaint states a fraudulent inducement claim against the Defendants because it alleges: (1) before entering the Dome and Tormenta escrow agreements, the Defendants represented that PHI was a legitimate escrow agent, that PHI intended to hold the funds deposited by Secured Capital in escrow for the benefit of Secured Capital and others, and that the funds would be returned at the expiration of the escrow period; (2) Secured Capital relied on those representations to enter the 9 Count 4 also references fraudulent concealment, but that theory of fraud does not need to be addressed since the complaint states a claim for fraudulent inducement. Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 20 of 33
Page 21 of 33 Case No. 3:25cv610-MCR-HTC Dome and Tormenta escrow agreements and deposit the Escrow Funds; and (3) those representations were false, as Defendants intended to misappropriate the funds and not return them to Secured Capital. Doc. 1 at ¶¶ 13, 15, 17, 53-56. Thus, Secured Capital is entitled to a default judgment on Count 4. See Mejia v. Jurich, 781 So. 2d 1175, 1177 (Fla. 3d DCA 2001) (“[I]f the plaintiff can demonstrate that the person promising future action does so with no intention of performing or with a positive intention not to perform, such a promise may also constitute a fraudulent misrepresentation.”) (citations omitted). E. Conversion In Count 5, Secured Capital claims all three Defendants are liable for conversion. “‘[C]onversion is an unauthorized act which deprives another of his property permanently or for an indefinite time.’” Nat’l Union Fire Ins. Co. of Pa. v. Carib Aviation, Inc., 759 F.2d 873, 878 (11th Cir. 1985) (quoting Senfeld v. Bank of Nova Scotia Trust Co. (Cayman), 450 So. 2d 1157, 1160-61 (Fla. 3d DCA 1984)). “In order to establish a claim for conversion of money under Florida law, a plaintiff must demonstrate, by a preponderance of the evidence: (1) specific and identifiable money; (2) possession or an immediate right to possess that money; (3) an unauthorized act which deprives plaintiff of that money; and (4) a demand for return of the money and a refusal to do so.” United States v. Bailey, 288 F. Supp. 2d 1261, 1264 (M.D. Fla. Oct. 22, 2003). Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 21 of 33
Page 22 of 33 Case No. 3:25cv610-MCR-HTC When a conversion claim is premised on the conversion of money, the money must be capable of identification. See Belford Trucking Co. v. Zagar, 243 So. 2d 646, 648 (Fla. 4th DCA 1970). “[T]here must be an obligation to keep intact or deliver the specific money in question, so that such money can be identified. Id. “Money is capable of identification where it is delivered at one time, by one act and in one mass, or where the deposit is special and the identical money is to be kept for the party making the deposit, or where the wrongful possession of such property is obtained.” Tambourine Comercio Internacional SA v. Solowsky, 312 F. App’x 263, 272 (11th Cir. 2009) (quoting Belford Trucking Co., 243 So. 2d at 648). “An example is where a specific sum of money is to be held in constructive trust until the occurrence of a specified event.” Belford Trucking Co., 243 So. 2d at 648. Here, Secured Capital alleges (1) “Plaintiff transferred $1,500,000.00 per agreement, or $3,000,000.00 total (the ‘Escrow Deposits’), to Defendant as deposits to be held in an account in escrow. Dome and Tormenta also each transferred $150,000.00 to Defendant (the ‘Escrow Fee Deposits’, together with the Escrow Deposits, the ‘Escrow Funds’), which were to be distributed pursuant to the respective Escrow Agreements”; (2) “The Escrow Agreements provide that after expiration of the escrow period, and upon written notice by Plaintiff, Defendant shall disburse the Escrow Funds to Plaintiff”; (3) “Plaintiff has sole discretion to direct the disbursement of the Escrow Funds under the Escrow Agreements”; and (4) Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 22 of 33
Page 23 of 33 Case No. 3:25cv610-MCR-HTC “Pursuant to Section 4 of the Escrow Agreements, Plaintiff, through its counsel, made a written demand to Defendants for return of the Escrow Funds[.]” Doc. 1 at ¶¶ 18, 19, 21, 26. The funds at issue are the “Escrow Funds,” which Secured Capital, Dome, and Tormenta allegedly delivered to Defendant. Defendants had the obligation to keep the money intact other than as expressly instructed by Secured Capital. Moreover, according to the Escrow Agreements, attached as exhibits to the complaint, the Funds were “to be held in escrow.” See Doc. 1 at 22. And, while the Escrow Agreements allowed PHI, as the Escrow Agent, to commingle the funds – it could only do so with “escrow funds of others.” Id. at 22-23. Indeed, in the January 2025 certification, McCorvey, as the Managing Member of PHI, certified that the funds being held in the First Bank account ending in 1491, are being held “in [an] escrow account” and the account “was created solely for the purposes of holding escrow funds.” Doc. 1 at 38. Those allegations are sufficient to show that the Escrow Funds were specifically identifiable. See In re Mouttet, 493 B.R. 640, 662 (Bankr. S.D. Fla. May 16, 2013), aff’d in part, rev’d in part on other grounds, 2020 WL 5993925 (S.D. Fla. Oct. 9, 2020) (“Money cannot be converted unless the money is a specifically identifiable fund such as an escrow account, a bag of gold coins, or the like.”); Masvidal v. Ochoa, 505 So.2d 555, 556 (Fla. 3d DCA 1987) Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 23 of 33
Page 24 of 33 Case No. 3:25cv610-MCR-HTC (civil theft and conversion can be asserted when a party embezzles funds from an escrow account). F. Aiding and Abetting In Count 6, Secured Capital asserts PHT and McCorvey are liable for aiding and abetting fraud, conversion, and breach of fiduciary duty. Doc. 1 at ¶¶ 64-67. “The elements necessary to sustain a claim for aiding and abetting under Florida law are: ‘(1) an underlying violation on the part of the primary wrongdoer; (2) knowledge of the underlying violation by the alleged aider and abettor; and (3) the rendering of substantial assistance in committing the wrongdoing by the alleged aider and abettor.’” David v. Gen. Dynamics Info. Tech., Inc., 2025 WL 1951850, at *6 (M.D. Fla. July 15, 2025) (alteration adopted) (quoting Lesti v. Wells Fargo Bank, N.A., 960 F. Supp. 2d 1311, 1321 (M.D. Fla. Mar. 19, 2013)). As set forth above, the undersigned finds Secured Capital’s allegations support a fraud, conversion, and breach of fiduciary duty claim. This finding extends to the aiding and abetting claim, as Secured Capital alleges PHT and McCorvey had knowledge of the putative fraud – namely, that there was no intent for PHI to keep the Escrow Funds and Defendants nonetheless allowed or substantially assisted in causing Secured Capital to be induced into having PHI serve an as Escrow Agent, which allowed PHI to convert the Escrow Funds. G. Conspiracy Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 24 of 33
Page 25 of 33 Case No. 3:25cv610-MCR-HTC In Count 7, Secured Capital alleges all Defendants are liable for conspiracy to commit fraud, conversion, and breach of fiduciary duty. Doc. 1 at ¶¶ 68-72. To establish a civil conspiracy claim under Florida law, a plaintiff must show: (1) “an agreement between two or more parties,” (2) “to do an unlawful act or to do a lawful act by unlawful means,” (3) “the doing of some overt act in pursuance of the conspiracy,” and (4) “damage to plaintiff as a result of the acts done under the conspiracy.” ECB USA, Inc. v. Savencia Cheese USA, LLC, 148 F.4th 1332, 1347 (11th Cir. 2025) (quoting Raimi v. Furlong, 702 So. 2d 1273, 1284 (Fla. 3d DCA 1997)). The allegations in the complaint are sufficient to state a claim for conspiracy. Considered as a whole, they tell a story of three Defendants, operating together and in concert with one another, to induce Secured Capital to enter into Escrow Agreements with PHI, knowing that PHI had no intent to return the Escrow Funds as required. See Cordell Consultant, Inc. Money Purchase Plan & Trust v. Abbott, 561 F. App’x 882, 886 (11th Cir. 2014) (“Each coconspirator need not act to further a conspiracy; each ‘need only know of the scheme and assist in it in some way to be held responsible for all of the acts of his coconspirators.’”) (citation omitted). IV. Damages and Injunctive Relief “Although a defaulted defendant admits well-pleaded allegations of liability, allegations relating to the amount of damages are not admitted by virtue of default. Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 25 of 33
Page 26 of 33 Case No. 3:25cv610-MCR-HTC Rather, the Court determines the amount and character of damages to be awarded.” Miller v. Paradise 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). A hearing, however, is not required on the issue of damages if sufficient evidence is submitted to support the claimed damages. See Giovanno v. Fabec, 804 F.3d 1361, 1366 (11th Cir. 2015). As discussed below, the undersigned finds Secured Capital has not shown that it is entitled to injunctive relief. However, Secured Capital has presented evidence sufficient to support an award of compensatory damages and the Court will need to hold a hearing on punitive damages and attorneys’ fees and costs. A. Injunctive Relief Secured Capital seeks a permanent injunction enjoining Defendants from: (1) transferring or conveying the escrow funds; (2) transferring assets out of any of their financial accounts; and (3) acting as escrow agents in the future. Doc. 46 at 2. “To obtain a permanent injunction, a plaintiff must show (1) that he has suffered an irreparable injury; (2) that his remedies at law are inadequate; (3) that the balance of hardships weighs in his favor; and (4) that a permanent injunction would not disserve the public interest.” Barrett v. Walker Cnty. Sch. Dist., 872 F.3d 1209, 1229 (11th Cir. 2017) (citation omitted). However, Secured Capital’s motion does not satisfy Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 26 of 33
Page 27 of 33 Case No. 3:25cv610-MCR-HTC these elements. Secured Capital has not shown that a monetary judgment for the lost Escrow Funds as well as any punitive damages is not an adequate remedy at law. See Voda v. Cordis Corp., 536 F.3d 1311, 1329 (Fed. Cir. 2008) (affirming the district court’s denial of Voda’s request for a permanent injunction where the district court decided “monetary damages were adequate to compensate Voda”); Powell v. Home Depot U.S.A., Inc., 2009 WL 3855174, at *16 (S.D. Fla. Nov. 17, 2009) (“Because monetary damage is adequate to compensate Plaintiff’s loss,” the plaintiff was not entitled to a preliminary injunction.). B. Compensatory and Punitive Damages Secured Capital has met its burden of establishing it is entitled to $2,488,500 in compensatory damages. In their deposition, Defendants admitted Secured Capital transferred $3 million to them under the Dome and Tormenta escrow agreements but they failed to return and still owe Secured Capital a total of $2,488,500 under the agreements. McCorvey Depo., 57:25 – 58:3, 74:12 – 75:11, 76:7-10, 116:1-5. In addition to compensatory damages, Secured Capital also seeks punitive damages. Although “[t]he general rule in Florida states that punitive damages are not awarded for breach of contract claims[,] … where the acts constituting a breach of contract also amount to a cause of action in tort there may be a recovery of exemplary damages upon proper allegations and proof. The underlying tort cause of action must be based on some sort of intentional wrong, willful or wanton Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 27 of 33
Page 28 of 33 Case No. 3:25cv610-MCR-HTC misconduct, or culpable negligence, the extent of which amounts to an independent tort.” HGI Assocs., Inc. v. Wetmore Printing Co., 427 F.3d 867, 876-77 (11th Cir. 2005) (citations and quotation marks omitted). Here, the allegations in the complaint indicate Defendants induced Secured Capital to enter into the escrow agreements by falsely representing that PHI intended to hold Secured Capital’s funds in escrow and then return the funds at the expiration of the escrow period. In addition, the allegations demonstrate PHI and McCorvey intentionally breached their fiduciary duties by misappropriating the escrow funds and not disclosing the escrow funds had been disbursed. Those allegations are sufficient to show that Secured Capital is entitled to punitive damages on its claims. See e.g., id. at 877 (explaining Florida law “allows an award of punitive damages for fraudulent inducement despite additional claims for breach of contract”); Wells Fargo Bank, N.A. v. Gopher, 397 So. 3d 1033, 1034 (Fla. 4th DCA 2024) (explaining punitive damages are available for a breach of a fiduciary duty claim when a plaintiff proffers “evidence of fraud, malice, or other misconduct that would justify punitive damages”). However, the Court must hold a hearing to determine the appropriate amount of punitive damages. 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., Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 28 of 33
Page 29 of 33 Case No. 3:25cv610-MCR-HTC 777 F.2d at 1543-44 (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)). C. Attorney’s Fees In Count 9, Secured Capital requests attorney’s fees. Although “the so-called ‘American Rule’ prohibits fee shifting in most cases,” a court “may assess attorney’s fees when a party has ‘acted in bad faith, vexatiously, wantonly, or for oppressive reasons.’” Chambers v. NASCO, Inc., 501 U.S. 32, 45-46 (1991) (citations omitted). “[I]f a court finds ‘that fraud has been practiced upon it, or that the very temple of justice has been defiled,’ it may assess attorney’s fees against the responsible party, as it may when a party ‘shows bad faith by delaying or disrupting the litigation or by hampering enforcement of a court order.’” Id. at 46 (citations omitted). As described at length, Defendants acted in bad faith during this litigation by committing fraud on the court and fabricating a defense that disrupted this litigation. Thus, the undersigned finds Secured Capital should be awarded its reasonable attorney’s fees as part of the sanctions against Defendants. See Qantum, 473 F. Supp. 2d at 1277 (concluding both a default judgment and an award of reasonable attorney’s fees and costs was an appropriate sanction for the defendants’ misconduct). Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 29 of 33
Page 30 of 33 Case No. 3:25cv610-MCR-HTC V. Defendants’ Motion for Leave to File Amended Answer Finally, Defendants filed a motion to amend their answer, asserting: (1) an “amendment is necessary to conform to the facts that have been discovered in this matter since September 30, 2025,” the date Defendants retained their current attorney; and (2) “[s]everal of Plaintiff’s allegations which were previously denied by the Defendants have been admitted in the proposed, Joint Amended Answer.” Doc. 54 at 1-2. Under Rule 15, a court should freely give a party leave to amend a pleading when justice so requires. Fed. R. Civ. P. 15(a)(2). However, a motion to amend may be denied: “(1) where there has been undue delay, bad faith, dilatory motive, or repeated failure to cure deficiencies by amendments previously allowed; (2) where allowing amendment would cause undue prejudice to the opposing party; or (3) where amendment would be futile.” Bryant v. Dupree, 252 F.3d 1161, 1163 (11th Cir. 2001) (citation omitted). Here, leave should be denied because, as discussed above, Defendants acted in bad faith. Additionally, there has been undue delay and amendment would cause undue prejudice to Secured Capital. This case was placed on an accelerated discovery schedule based on Secured Capital’s allegations regarding the loss of the Escrow Funds and discovery ended on October 1, 2025. Doc. 30. Despite acknowledging the deadline to amend pleadings was September 1, 2025 (Doc. 36 at 2), Defendants’ motion does not mention or try Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 30 of 33
Page 31 of 33 Case No. 3:25cv610-MCR-HTC to argue they have shown good cause to modify the scheduling order. See AMG Trade & Distrib., LLC v. Nissan N. Am., Inc., 813 F. App’x 403, 408 (11th Cir. 2020) (“When a plaintiff seeks leave to amend its complaint after the time required by the district court’s scheduling order, the plaintiff ‘must first demonstrate good cause under Rule 16(b) before we will consider whether amendment is proper under Rule 15(a).’”) (quoting Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1419 (11th Cir. 1998)). In addition, the defenses Defendants raise in the proposed amended answer are not based on newly discovered evidence. Thus, Defendants’ delay in seeking to amend their answer justifies denying their motion. Second, the Defendants’ attempt to amend their answer stems from their bad faith actions during this litigation. As previously mentioned, the defenses in Defendants’ original answer were based on the Stifel story. Now that McCorvey’s October 1 deposition has established that the Stifel story was false, Defendants are attempting to reset this case with a new set of defenses. Allowing them to do so would excuse their bad faith conduct. Finally, allowing Defendants to amend their answer would cause undue prejudice to Secured Capital. Secured Capital would be required to expend additional time and resources addressing the Defendants’ new defenses. In addition, Secured Capital would either have to challenge those defenses without the benefit Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 31 of 33
Page 32 of 33 Case No. 3:25cv610-MCR-HTC of discovery, or the Court would have to delay this case further by reopening discovery. Based on the foregoing, Defendants’ motion to amend should be denied. Accordingly, it is RECOMMENDED: 1. That Secured Capital’s Motion to Strike Answer and Grant Default Judgment for Perjury and Discovery Abuse, and in the Alternative, Motion for Summary Judgment (Docs. 46, 47, & 48) be GRANTED to the extent that: (a) Defendants’ answer (Doc. 21) should be stricken; (b) an appropriate sanction for Defendants’ litigation misconduct is to enter default judgment on all of Secured Capital’s claims; (c) Secured Capital is entitled to $2,488,500 in compensatory damages; (d) the matter be remanded to the undersigned to conduct further proceedings, including a hearing, to determine the amount of punitive damages, as well as reasonable attorney’s fees and costs, that Secured Capital should be awarded. 2. That Defendants’ Motion for Leave to File Amended Answer (Docs. 54 & 55) be DENIED. At Pensacola, Florida, this 12 th day of December, 2025. /s/ Hope Thai Cannon HOPE THAI CANNON UNITED STATES MAGISTRATE JUDGE Case 3:25-cv-00610-MCR-HTC Document 65 Filed 12/12/25 Page 32 of 33
Page 33 of 33 Case No. 3:25cv610-MCR-HTC 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 65 Filed 12/12/25 Page 33 of 33
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