Calderon et al v. Merchants and Southern Bank et al

Filing 48

ORDER adopting and confirming 47 REPORT AND RECOMMENDATIONS, denying as moot 39 MOTION for Sanctions, granting 41 MOTION for Attorney Fees, granting 42 MOTION for Sanctions. Signed by Chief Judge Anne C. Conway on 10/28/2013. (SR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
NELSON CALDERON and ELSIE
CALDERON,
Plaintiffs,
v.

Case No: 5:13-cv-85-Oc-22PRL

MERCHANT AND SOUTHERN BANK,
GMAC MORTGAGE LLC,
Defendant.
/
ORDER
This cause is before the Court on Defendant GMAC Mortgage, LLC’s Motion for
Sanctions (Doc. Nos. 39 & 42) and Defendant Merchants and Southern Bank Motion for
Sanctions (Doc. No. 41).
The United States Magistrate Judge has submitted a report recommending that the
Motion be GRANTED. (Doc. No. 47).
After an independent de novo review of the record in this matter, and noting that
no objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation.
Therefore, based on the foregoing, it is ORDERED as follows:
1. The Report and Recommendation filed October 8, 2013 (Doc. No. 47),
is ADOPTED and CONFIRMED and made a part of this Order.

2. Defendant GMAC Mortgage, LLC’s Motion for Sanctions (Doc. No.
42) is hereby GRANTED. Sanctions in the form of attorneys’ fees in
the amount of $11,119.55 and costs in the amount of $479.00 are
hereby imposed jointly against Plaintiffs, Nelson Calderon and Elsie
Calderon and their lawyer, Kelley Bosecker.
3. Defendant GMAC Mortgage, LLC’s Motion for Sanctions (Doc. No.
39) is DENIED as moot.
4. Defendant Merchant and Southern Bank’s Refiled Motion for
Attorneys’ Fees Under Fla. Stat., § 57.105, and As a Sanction Under
Rule 11, Fed. R. Civ. Pro. (Doc. No. 41) is hereby GRANTED.
Sanctions in the form of attorneys’ fees in the amount of $6,231.50 are
hereby imposed jointly against Plaintiffs, Nelson Calderon and Elsie
Calderon and their lawyer, Kelley Bosecker.
DONE and ORDERED in Orlando, Florida on October 28, 2013.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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