Dang v. Sheriff of Seminole County et al

Filing 209

ORDER adopting 202 REPORT AND RECOMMENDATIONS re 195 Reply to Response to Motion filed by Martha Densmore, Alecia Scott, Sharyle Roberts, 190 Bill of costs - proposed filed by Sheriff of Seminole County, Florida, Sandra Wilt, Brenda Preston-Mayle, 191 Bill of costs. 2.The Clerk is directed to enter cost judgments against Plaintiff as indicated in the Order. Signed by Judge Gregory A. Presnell on 11/17/2015. (TKW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
NAM DANG,
Plaintiff,
v.

Case No: 6:14-cv-37-Orl-31TBS

SHERIFF OF SEMINOLE COUNTY,
FLORIDA, OLUGBENGA
OGUNSANWO, SANDRA WILT,
BRENDA PRESTON-MAYLE, ALECIA
SCOTT, SHARYLE ROBERTS and
MARTHA DENSMORE,
Defendants.

ORDER
Following entry of summary judgment on their behalf (Doc. 184), Defendants, as
prevailing parties, filed bills of costs (Doc. Nos. 188 and 192).1 Plaintiff objected to imposition
of any costs against him. On October 16, 2015, after considering Plaintiff’s objection and
Defendants Replies, Magistrate Judge Smith recommended that Plaintiff’s objection (construed as
a motion) be granted in part and denied in part (Doc. 202). Judge Smith found that costs were
taxable against Plaintiff, but that certain costs claimed by Defendants should be disallowed. On
October 28, 2015, Plaintiff filed objections to the Report and Recommendation of Magistrate
Judge Smith (Doc. 203). Defendants Scott, Roberts and Densmore responded in opposition (Doc.
208).

1

The case is presently on appeal to the Eleventh Circuit Court of Appeals.

After de novo review, the Court finds no legal basis to reject or modify Judge Smith’s
recommendation. As the prevailing parties, Defendants are entitled to recover their costs and
Plaintiff has shown no exceptional circumstance that would warrant a different result. To the
extent the Court has discretion to deny the award of costs to Defendants, the Court declines to do
so. Therefore, it is
ORDERED that:
1. The objection to the Report and Recommendation of Magistrate Judge Smith is
OVERRULED, and the Report and Recommendation is CONFIRMED and
ADOPTED as a part of this Order.
2. The Clerk is directed to enter cost judgments against Plaintiff as follows:
a. judgment in favor of Defendants Alecia Scott, Sharyle Roberts and Martha
Densmore in the amount of $7,398.74;
b. judgment in favor of Olugbenga Ogunsanwo in the amount of $1,932.66; and
c. judgment in favor of Defendants Sheriff of Seminole County, Florida, Sandra
Wilt and Brenda Preston-Mayle in the amount of $12,227.87.
DONE and ORDERED in Chambers, Orlando, Florida on November 17, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Party

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