Taylor Newman Cabinetry, Inc. et al v. Classic Soft Trim, Inc. et al

Filing 60

ORDER adopting 57 REPORT AND RECOMMENDATION re 44 MOTION for writ of execution and Motion to Enforce Final Orders Regarding Attorneys' Fee Awards filed by Allstar Lighting & Sound, Inc., Taylor Newman Cabinetry, Inc., 53 MOTION for relief from judgment. Defendants' objections are OVERRULED. Plaintiffs' objections are OVERRULED. The Plaintiffs' Motion For Writ of Execution, and Motion to Enforce Final Orders Regarding Attorneys' Fee Awards (Doc. No. 44 ) i s hereby GRANTED to the extent that Plaintiffs are owed the amount of $19,492.00 in attorney's fees without any additional award for new fees or interests. Defendants' Motion for Relief from Judgment Awarding Attorney's Fees (Doc. No. 53 ) is DENIED. The Clerk is DIRECTED TO ENTER a judgment setting forth that Plaintiffs Taylor Newman Cabinetry, Inc. and Allstar Lighting & Sound, Inc. recover from the Defendants Classic Soft Trim, Inc. and Daniel Valencia the amount of $19,492.00. Upon entry of judgment, Plaintiff shall file an application to the Clerk for a writ of execution under the Federal Rules of Civil Procedure, which will then be granted. Signed by Chief Judge Anne C. Conway on 11/30/2012. (SR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
TAYLOR NEWMAN CABINETRY,
INC. and ALLSTAR LIGHTING &
SOUND, INC.,
Plaintiffs,
v.

Case No: 6:10-cv-1445-Orl-22DAB

CLASSIC SOFT TRIM, INC. and
DANIEL VALENCIA,
Defendants.

ORDER
This cause is before the Court on Plaintiffs’ Motion For Writ of Execution, and Motion to
Enforce Final Orders Regarding Attorneys’ Fee Awards (Doc. No. 44) filed on May 9, 2012 and
Defendants’ Motion for Relief from Judgment Awarding Attorney’s Fees (Doc. No. 53) filed on
June 27, 2012.
The United States Magistrate Judge has submitted a report recommending that the
Plaintiffs’ Motion be GRANTED in part and DENIED in part and that the Defendants’ Motion
be DENIED.
After an independent de novo review of the record in this matter, including the objections
filed by the Plaintiffs and Defendants, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation. (Doc. Nos. 58 & 59).
Specifically, the Court has reviewed the laundry list of Defendants’ objections to the
Magistrate Judge’s denial of their Motion for Relief from Judgment. (Doc. No. 58). The Court,
after reviewing all of the Defendants’ objections (which overwhelmingly focused on whether the
Magistrate Judge considered certain allegations), the Court still agrees with the well-reasoned

opinion of the Magistrate Judge set forth in his thoroughly cited fifteen page report and
recommendation. Moreover, in their objections, Defendants fail to argue specifically against
why a writ of execution would not be procedurally permissible.
As to Plaintiffs’ objection that the Magistrate Judge overlooked the case law they cited
supporting the supplemental award of fees associated with filing their motion for writ of
execution and addressing Defendants’ Motion for Relief from Judgment, the Court has reviewed
the cases cited by the Plaintiffs and does not find them persuasive. (Doc. No. 59).
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed October 10, 2012 (Doc. No. 57), is

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

Defendants’ objections are OVERRULED.

3.

Plaintiffs’ objections are OVERRULED.

4.

The Plaintiffs’ Motion For Writ of Execution, and Motion to Enforce Final Orders

Regarding Attorneys’ Fee Awards (Doc. No. 44) is hereby GRANTED to the extent that
Plaintiffs are owed the amount of $19,492.00 in attorney’s fees without any additional award for
new fees or interests.
5.

Defendants’ Motion for Relief from Judgment Awarding Attorney’s Fees (Doc.

No. 53) is DENIED.
6.

The Clerk is DIRECTED TO ENTER a judgment setting forth that Plaintiffs

Taylor Newman Cabinetry, Inc. and Allstar Lighting & Sound, Inc. recover from the Defendants
Classic Soft Trim, Inc. and Daniel Valencia the amount of $19,492.00. Upon entry of judgment,
Plaintiff shall file an application to the Clerk for a writ of execution under the Federal Rules of
Civil Procedure, which will then be granted.

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DONE and ORDERED in Orlando, Florida on November 30, 2012.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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