Southern Atlantic Companies, LLC et al v. School Board of Orange County, Florida

Filing 160

ORDER granting 111 Motion for Attorney Fees. Signed by Judge Gregory A. Presnell on 6/28/2016. (ED)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
SOUTHERN ATLANTIC COMPANIES,
LLC, EDWARD HUTCHINS and
RAYMOND MCINTOSH,
Plaintiffs,
v.

Case No: 6:15-cv-254-Orl-31TBS

SCHOOL BOARD OF ORANGE
COUNTY, FLORIDA,
Defendant.

ORDER
This matter is before the Court on Defendant’s Motion for Fees pursuant to 42 U.S.C.
§1988(b) (Doc. 111) and Plaintiffs’ response in opposition thereto (Doc. 134).
On April 25, 2016, the Court granted summary judgment on behalf of Defendant and
against the individual Plaintiffs, Edward Hutchins and Raymond McIntosh (Doc. 104). In its
Order, the Court found that neither Hutchins nor McIntosh had been subject to any retaliatory acts
by the School Board that would implicate their First Amendment rights.
In its Motion for Fees, Defendant contends that the claims asserted by Hutchins and
McIntosh were meritless, i.e., groundless, frivolous, unreasonable or without foundation, as
contemplated by the Eleventh Circuit in O’Boyle v Thrasher, No. 15-13698, 2016 WL 1426013
(11th Cir. April 12, 2016) (citing Christiansburg Garment Co. v. Equal Employment Opportunity
Comm’n, 434 U.S. 412, 421 (1978)). This Court agrees.
In their response, Plaintiffs assert that there was evidence of their damages (e.g. emotional
distress), but they do not address the fundamental deficiency in their claim – the absence of any

retaliatory acts by Defendant against them. This unrebutted flaw renders their claims meritless.
It is, therefore
ORDERED that Defendant’s Motion for Fees is GRANTED. Defendant is hereby
awarded fees and costs against EDWARD HUTCHINS and RAYMOND MCINTOSH in the total
amount of $18,983.60. Judgment will be entered at the conclusion of this case.
DONE and ORDERED in Chambers, Orlando, Florida on June 28, 2016.

Copies furnished to:
Counsel of Record
Unrepresented Party

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