Fornell v. Morgan Keegan & Company, Inc.

Filing 37

ORDER adopting 35 Report and Recommendation; granting 30 Motion for Attorneys' Fees, Costs, and Entry of Judgment; and directing Clerk to enter judgment and close this case. Signed by Judge John Antoon II on 2/22/2013. (EK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
RICHARD FORNELL, AS TRUSTEE OF
THE FORNELL ENTERPRISES INC.
401(k) PROFIT SHARING PLAN,
Petitioner,
-vs-

Case No. 6:12-cv-38-Orl-28TBS

MORGAN KEEGAN & COMPANY, INC.,
Respondent.
______________________________________

ORDER
This case is before the Court on Petitioner’s Motion for Attorneys’ Fees, Costs, and
Entry of Judgment (Doc. 30). The United States Magistrate Judge has submitted a Report
(Doc. 35) recommending that the motion be granted and that judgment be entered for
Petitioner.
After a review of the record in this matter, and noting that no objections to the Report
have been filed,1 the Court agrees with the findings and conclusions in the Report and
Recommendation. Therefore, it is ORDERED as follows:
1. The Report and Recommendation (Doc. 35) is ADOPTED and CONFIRMED and
made a part of this Order.
2. Petitioner’s Motion for Attorneys’ Fees, Costs, and Entry of Final Judgment (Doc.

1

Petitioner filed a Response (Doc. 36) to the Report noting that he does not object to
it, but Respondent has not filed any objection to the Report.

30) is GRANTED.
3. The Clerk is directed to enter a judgment providing that Petitioner shall recover
from Respondent the sum of $446,773.58,2 for which let execution issue. This sum shall
bear post-judgment interest at the annual rate of 4.75% from the date of judgment until paid.
4. After entering judgment as set forth herein, the Clerk shall close this file.
DONE and ORDERED in Orlando, Florida this 22nd day of February, 2013.

Copies furnished to:
United States Magistrate Judge
Counsel of Record

2

Consistent with the Report and Recommendation, this total amount consists of:

(a) $194,976 in compensatory damages;
(b) prejudgment interest of $10,824.45 on the compensatory damages amount
(calculated at the rate of 4.75% from December 23, 2011 through today’s date);
(c) $19,342 in costs incurred by Petitioner in the underlying arbitration;
(d) $300 for the initial claim filing fee;
(e) $420 for costs of this action;
(f) prejudgment interest of $1,050.60 on the $19,342 in costs and $300 filing
free (calculated at the rate of 4.75% from January 7, 2012 through today’s date);
(g) $184,220 in attorneys’ fees incurred in the arbitration, confirming the
arbitration award, and seeking attorney’s fees under ERISA;
(h) $34,725 in attorneys’ fees incurred in defending the motion for vacatur; and
(i) prejudgment interest of $915.53 on the $34,725 fee amount (calculated at
the rate of 4.75% from August 3, 2012, through today’s date).
(See Doc. 35 at 18-19).
-2-