White, Jr. v. Brenner et al

Filing 72

ORDER adopting 60 REPORT AND RECOMMENDATION; granting in part and denying in part 53 MOTION for attorney fees and costs; granting in part and denying in part 56 MOTION for attorney fees and costs. Signed by Judge John Antoon II on 10/5/2011. (BRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
VIBERT L. WHITE, JR.,
Plaintiff,
-vs-

Case No. 6:10-cv-134-Orl-28GJK

ALANA BRENNER, BILL COWLES,
DAISY W. LYNUM, CITY OF ORLANDO,
FLORIDA,
Defendants.
______________________________________

ORDER
This case is before the Court on two motions: (1) Motion for Attorneys’ Fees and
Costs of City of Orlando and Alana Brenner and Renewed Request for Sanctions (Doc. No.
53) filed March 21, 2011; and (2) Motion for Attorneys’ Fees and Costs of Bill Cowles (Doc.
No. 56) filed March 21, 2011. The United States Magistrate Judge has submitted a report
recommending that the motions be granted in part and denied in part.
After an independent de novo review of the record in this matter, and consideration
of the objection to the Report and Recommendation filed by Plaintiff Vibert L. White, Jr.1,
and the response to the objection by the City of Orlando and Alana Brenner (Doc. No. 71),
the objection is overruled. The Court agrees entirely with the findings of fact and conclusions
of law in the Report and Recommendation. Therefore, it is ORDERED as follows:

1

Plaintiff has filed three objections to the Report and Recommendation: docket
numbers 65, 69, and 70. The Court has considered the Second Amended Objection (Doc.
No. 70).

1.

That the Report and Recommendation filed August 30, 2011 (Doc. No. 60) is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Motion for Attorneys’ Fees and Costs of City of Orlando and Alana Brenner

and Renewed Request for Sanctions (Doc. No. 53) is GRANTED to the extent it requests
an award of attorneys’ fees and costs against Vibert L. White pursuant to the Court’s
inherent authority. The Motion is otherwise DENIED.
3.

The Court awards the City of Orlando and Alana Brenner $36,713.50 in

attorneys’ fees and $335.00 in costs against Vibert L. White.
4.

The Motion for Attorneys’ Fees and Costs of Bill Cowles (Doc. No. 56) is

GRANTED to the extent it requests an award of attorneys’ fees and costs against Vibert L.
White pursuant to the Court’s inherent authority. The Motion is otherwise DENIED.
5.

Bill Cowles and Vibert L. White shall meet and confer in a good faith effort to

agree on the total amount of attorneys’ fees and costs to be paid to Bill Cowles by Vibert L.
White. This meeting shall take place within fourteen (14) days from the date of this Order.
If the parties are unable to reach an agreement on the total amount of attorneys’ fees and
costs to be paid, Bill Cowles may file an appropriate motion with supporting affidavits and
time sheets within twenty-one (21) days from the date of this Order.

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DONE and ORDERED in Chambers, Orlando, Florida this 5th day of October, 2011.

Copies furnished to:
United States Magistrate Judge
Counsel of Record
Unrepresented Party

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