Freedom Environmental Services, Inc. v. Borish et al
Filing
58
ORDER adopting 23 REPORT AND RECOMMENDATION. The parties' objections (Doc. Nos. 26 , 27 , 55 & 56 ) are OVERRULED. Signed by Chief Judge Anne C. Conway on 12/18/2012. (SR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FREEDOM ENVIRONMENTAL
SERVICES, INC.,
Plaintiff,
v.
Case No: 6:12-cv-665-Orl-22DAB
MICHAEL BORISH, COLONIAL
STOCK TRANSFER COMPANY, INC.,
BRETT ROWLAND, MARC
BARHONOVICH, REGINALD M.
BERTHIAUME and JOHN DOES 1
THROUGH 5,
Defendants.
___________________________________/
ORDER
This cause comes before the Court on the Magistrate Judge’s Report recommending that
the attorney Michael Scaglione, Esquire (“Scaglione”) and attorney Gus R. Benitez, Esquire
(“Benitez”) be publicly reprimanded for filing pleadings without the authority of the corporation
Freedom Environmental Services, Inc. to act on the behalf of the corporation. (Doc. No. 23).
Benitez and Scaglione filed objections to the Magistrate Judge’s report and
recommendations. (Doc. Nos. 26, 27, 55 & 56).
After an independent de novo review of the record in this matter, including the objections
filed by the parties, the Court adopts the findings of fact and conclusions of law of the Magistrate
Judge, to the extent they are consistent with this Order.
The Courts finds that Benitez and Scalgione’s practice before this Court in this matter fell
below the level of practice expected before this Court. Although the Court declines to reprimand
publicly Benitez and Scaglione, the Court forewarns Benitez and Scaglione that if they continue
to practice below the level expected before this Court, they will be subjected to significant
sanctions.
Therefore, based on the foregoing, it is ORDERED as follows:
1. The Report and Recommendation filed July 12, 2012 (Doc. No. 23), is
ADOPTED and CONFIRMED and made a part of this Order, to the extent it
is consistent with this Order.
2. The parties’ objections (Doc. Nos. 26, 27, 55 & 56) are OVERRULED.
DONE and ORDERED in Orlando, Florida on December 18, 2012.
Copies furnished to:
Counsel of Record
Unrepresented Parties
2
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