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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?