De Leon v. Bank of America, N.A. (USA)

Filing 86

ORDER adopting 75 REPORT AND RECOMMENDATION in all respects except that I grant leave to the parties to submit an Amended Motion for Preliminary Approval of the Settlement Agreement and for Certification of Class within thirty (30) days from the d ate of this Order; denying 71 Joint RENEWED MOTION to Approve Settlement and Certify Settlement Class; deny 74 Preliminary MOTION for attorney fees; and deny 65 Plaintiffs' Motion for Preliminary Approval of Settlement Agreement and For Certification of Settlement Class. Signed by Judge John Antoon II on 7/2/2012. (BRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
HEYDEE DE LEON,
Plaintiff,
-vs-

Case No. 6:09-cv-1251-Orl-28KRS

BANK OF AMERICA, N.A. (USA),
Defendant.
________________________________________

ORDER
This case is before the Court on Plaintiffs’ Motions for 1) Preliminary Approval of
Settlement Agreement and for Certification of Settlement Class (Doc. No. 65); and 2)
Preliminary Motion for Award of Attorneys’ Fees and Costs (Doc. No. 74); and the Joint
Renewed Motion for Preliminary Approval of the Settlement Agreement and For Certification
of the Settlement Class (Doc. No. 71). The United States Magistrate Judge has submitted
a report recommending that the motions be denied.
After an independent de novo review of the record in this matter, and consideration
of Plaintiffs’ Objections to the Report and Recommendation (Doc. No. 80), including
Plaintiffs’ arguments at a June 28, 2012 hearing, the Court agrees with the findings of fact
and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as
follows:
1.

That the Report and Recommendation filed April 20, 2012 (Doc. No. 75) is

ADOPTED and CONFIRMED in all respects except that I grant leave to the parties to submit
an Amended Motion for Preliminary Approval of the Settlement Agreement and for

Certification of Class within thirty (30) days from the date of this Order. The granting of leave
is based on ambitious — but perhaps unrealistic — representations of Plaintiffs’ counsel that
all flaws in the Settlement Agreement noted by Magistrate Judge Spaulding in the Report
and Recommendation can be cured.
2.

Plaintiffs’ Motion for Preliminary Approval of Settlement Agreement and For

Certification of Settlement Class (Doc. No. 65) is DENIED.
3.

The parties’ Joint Renewed Motion for Preliminary Approval of the Settlement

Agreement and For Certification of the Settlement Class (Doc. No. 71) is DENIED.
4.

Plaintiffs’ Preliminary Motion for Award of Attorneys’ Fees and Costs (Doc. No.

74) is DENIED.
DONE and ORDERED in Chambers, Orlando, Florida this 2nd day of July, 2012.

Copies furnished to:
United States Magistrate Judge
Counsel of Record

-2-