Diaz v. The First Marblehead Corporation et al

Filing 24

ORDER rejecting 19 REPORT AND RECOMMENDATIONS and granting 17 MOTION for Attorney Fees filed by Pennsylvania Higher Education Assistance Agency, Inc. The Clerk is directed to enter judgment for Defendant Pennsylvania Higher Education Ass istance Agency, Inc., d/b/a American Education Services and against the Plaintiff, in the amount of $5,068.00. Attorney N. James Turner shall show cause as to why sanctions should not be imposed against him pursuant to Fed.R.Civ.P. 11 within 15 days from the entry of this Order. Signed by Judge Gregory A. Presnell on 12/18/2014. (TKW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JOCELYN Y. DIAZ,
Plaintiff,
v.

Case No: 6:14-cv-1338-Orl-31TBS

THE FIRST MARBLEHEAD
CORPORATION, NATIONAL
COLLEGIATE TRUST and
PENNSYLVANIA HIGHER
EDUCATION ASSISTANCE AGENCY,
INC.,
Defendants.

ORDER
This matter is before the Court on Defendant Pennsylvania Higher Education Assistance
Agency, Inc., d/b/a American Education Services’ (“AES”) Motion for Attorneys’ Fees. (Doc. 17).
On November 3, 2014, Magistrate Judge Smith issued a Report and Recommendation finding that
that Plaintiff Jocelyn Diaz’s (“Plaintiff”) claim against AES was filed in bad faith and for purposes
of harassment, and recommending that this Court impose sanctions. (Doc. 19). Plaintiff filed an
objection to the Report and Recommendation on November 17, 2014 (Doc. 20).
Upon de novo review, the Court concludes that Magistrate Judge Smith’s analysis of the law
is correct. The Court finds that Plaintiff’s claim was brought in bad faith and for the purpose of
harassment. Consequently, the Court will assess reasonable attorneys’ fees and cost against Plaintiff
pursuant to 15 U.S.C. § 1692(a)(3). Accordingly, it is
ORDERED that

1.

Plaintiff’s objection to the Report and Recommendation (Doc. 20) is
OVERRULED and the Report is AFFRIMED and ADOPTED as part of this
Order.

2.

Defendant Pennsylvania Higher Education Assistance Agency, Inc., d/b/a
American Education Services Motion for Attorney’s Fees (Doc. 17) is
GRANTED.

3.

The Clerk is directed to enter judgment for Defendant Pennsylvania Higher
Education Assistance Agency, Inc., d/b/a American Education Services and against
the Plaintiff, in the amount of $5,068.00.

4.

Attorney N. James Turner shall show cause as to why sanctions should not be
imposed against him pursuant to Fed.R.Civ.P. 11 within 15 days from the entry of
this Order.

DONE and ORDERED in Orlando, Florida on December 18, 2014.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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