Noboa v. The Sygma Network, Inc.

Filing 138

ORDER adopting 137 Report and Recommendation of the Magistrate Judge. Defendant The Sygma Network, Inc.'s, Motion for Entitlement to Attorney's Fees 129 is DENIED. Signed by Judge Charlene Edwards Honeywell on 7/24/2012. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
HECTOR NOBOA,
Plaintiff,
v.

Case No: 6:10-cv-1753-Orl-36DAB

THE SYGMA NETWORK, INC.,
Defendant.
___________________________________/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge David A. Baker on July 5, 2012 (Doc. 137).

In the Report and

Recommendation, Judge Baker recommends that the Court deny Defendant The Sygma
Network, Inc.’s (“Defendant”) Motion for Entitlement to Attorney’s Fees, filed on May 10, 2012
(Doc. 129). Neither party has objected to the Report and Recommendation and the time to do so
has expired.
The Court agrees with Judge Baker that although Defendant was granted summary
judgment, Plaintiff Hector Noboa’s (“Plaintiff”) case for workers compensation retaliation was
not so weak or unfounded as to justify an award of attorney’s fees as a sanction for unreasonable
and vexatious conduct. Doc. 137, p. 2; Fed. R. Civ. P. 11(b)1; 28 U.S.C. § 1927.2 Therefore,

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“By presenting to the court a pleading, written motion, or other paper--whether by signing, filing,
submitting, or later advocating it--an attorney or unrepresented party certifies that to the best of the
person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or
needlessly increase the cost of litigation; (2) the claims, defenses, and other legal contentions are
warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing
law or for establishing new law …” Fed. R. Civ. P. 11(b).
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“Any attorney or other person admitted to conduct cases in any court of the United States or any
Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be

after careful consideration of the Report and Recommendation of the Magistrate Judge, in
conjunction with an independent examination of the court file, the Court is of the opinion that the
Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in
all respects.
Accordingly, it is hereby ORDERED and ADJUDGED:
1. The Report and Recommendation of the Magistrate Judge (Doc. 137) is adopted,
confirmed, and approved in all respects and is made a part of this order for all purposes,
including appellate review.
2. Defendant The Sygma Network, Inc.’s Motion for Entitlement to Attorney’s Fees (Doc.
129) is DENIED.
DONE and ORDERED in Orlando, Florida on July 24, 2012.

Copies furnished to:
Counsel of Record
U.S. Magistrate Judge David A. Baker

required by the court to satisfy personally the excess costs, expenses, and attorneys' fees reasonably
incurred because of such conduct.” 28 U.S.C. § 1927.

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