Lapinski v. St. Croix Condominium Association, Inc. et al

Filing 126

ORDER adopting 121 REPORT AND RECOMMENDATIONS re 111 MOTION for sanctions filed by Daytona Beach Shores, FL., 123 REPORT AND RECOMMENDATIONS re 115 Amended MOTION for Attorney Fees and Costs to be Awarded filed by Defendants. Defendant Daytona Beach Shores' Motion for Sanctions is GRANTED IN PART AND DENIED IN PART. Defendants' Motion for Attorney's Fees and Costs is GRANTED IN PART AND DENIED IN PART. See Order for details. Signed by Judge Paul G. Byron on 10/13/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

JAMES F. LAPINSKI,
Plaintiff,
v.

Case No: 6:16-cv-1418-Orl-40GJK

ST. CROIX CONDOMINIUM
ASSOCIATION, INC., ESTATE OF
DOUGLAS COOK, FIFTH DISTRICT
COURT OF APPEALS OF FLORIDA,
FLORIDA SEVENTH CIRCUIT COURT,
STATE OF FLORIDA, VOLUSIA
COUNTY, R. BROOKS CASEY,
JENNIFER CAMPEN, JOSEPH
BANDY, GARY CHANDLER, JERRY
AZEFF, JOHN WENDER, SANDI
DEMBINSKY, DAYTONA BEACH
SHORES, FL and ESTATE OF
MICHEAL KENNEDY,
Defendants.
/
ORDER
This cause is before the Court on Defendant Daytona Beach Shores’ Motion for
Sanctions. (Doc. 111). On September 19, 2017, Magistrate Judge Gregory J. Kelly
submitted a report recommending that Plaintiff be sanctioned by paying Daytona Beach
Shores’ attorney’s fees and costs incurred in defending the case. Magistrate Judge Kelly
recommends denying the motion is all other respects. (Doc. 121).
Also before the Court at this time is Defendants’, Jerry Azeff, Joseph Bandy,
Jennifer Campen, R. Brooks Casey, Gary Chandler, Sandi Dembinski, St. Croix
Condominium Association, Inc., and John Wender’s (the “St. Croix Defendants”), Motion
for Attorney’s Fees and Costs. (Doc. 115). On October 3, 2017, Magistrate Judge Kelly

issued a report recommending that the motion be granted in part, by awarding the St.
Croix Defendants $5,365.75 in attorney’s fees. Magistrate Judge Kelly recommends
denying the motion is all other aspects.
Plaintiff, who proceeds pro se in this action, objects to both of the Magistrate Judge
Kelly’s recommendations. However, the Court previously dismissed Plaintiff’s Complaint,
finding the Complaint without warrant and frivolous. (Doc. 112). In its Order granting
Defendants’ Motions to Dismiss, the Court found that sanctions were appropriate for
Plaintiff’s repetitive and frivolous filings. (Id.). Accordingly, the Court finds that there is
nothing improper with the grant of sanctions and attorney’s fees recommended by
Magistrate Judge Kelly.
Upon an independent de novo review of the record in this case, and after
considering Plaintiff’s objections, the Court agrees with Magistrate Judge Kelly’s findings
of fact and conclusions of law. It is therefore ORDERED AND ADJUGDED as follows:
1. Plaintiff’s Objections and Motion to Deny Report and Recommendation (Doc.
122) is OVERRULED.
2. Plaintiff’s Objections and Motion to Deny Report and Recommendation (Doc.
124) is OVERRULED.
3. Magistrate Judge Kelly’s September 19, 2017, Report and Recommendation
(Doc. 121) is ADOPTED and made a part of this Order.
4. Defendant Daytona Beach Shores’ Motion for Sanctions (Doc. 111) is
GRANTED IN PART AND DENIED IN PART as follows:

2

a. Plaintiff is sanctioned by paying Daytona Beach Shores’ attorney’s fees
and costs incurred in defending this case, Case No. 6:16-cv-141840GJK;
b. In all other respects, the Motion be DENIED; and
c. Daytona Beach Shores be given thirty days from the date of this Order
to file a motion quantifying the amount of attorney’s fees and costs to be
awarded, accompanied by affidavits, detailed time sheets and any other
supporting evidence.
5. Magistrate Judge Kelly’s October 3, 2017, Report and Recommendation (Doc.
123) is ADOPTED and made a part of this Order.
6. Defendants’ Motion for Attorney’s Fees and Costs (Doc. 115) is GRANTED IN
PART AND DENIED IN PART as follows:
a. Plaintiff is DIRECTED to pay the Defendants, St. Croix Condominium
Association, Inc., Jennifer Campen, Joseph Bandy, Gary Chandler,
Jerry Azeff, John Wender, Sandi Dembinsky, and R. Brooks, $5,365.75
in attorney’s fees and costs; and
b. In all other respects, the motion is DENIED.
DONE AND ORDERED in Orlando, Florida, on October 13, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

3