Franklin v. Vazquez, et al

Filing 97

ORDER adopting 93 REPORT AND RECOMMENDATIONS regarding Defendant's Motion for Sanctions and Dismissal (Doc. 56) filed September 24, 2018, and Defendant's Third Motion for Sanctions and Dismissal (Doc. 83) filed on December 7, 2018. The motions are GRANTED IN PART AND DENIED IN PART. Signed by Judge Paul G. Byron on 1/29/2019. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

PHILLIPPE FRANKLIN,
Plaintiff,
v.

Case No: 6:17-cv-1196-Orl-40GJK

BOARD OF COUNTY
COMMISSIONERS OF OSCEOLA
COUNTY,
Defendant.
/
ORDER
This cause is before the Court on Defendant’s Motion for Sanctions and Dismissal
(Doc. 56) filed September 24, 2018, and Defendant's Third Motion for Sanctions and
Dismissal (Doc. 83) filed on December 7, 2018. The United States Magistrate Judge has
submitted a report recommending that the motions be granted in part and denied in part.
After an independent de novo review of the record in this matter, and noting that
no objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed January 7, 2019 (Doc. 93), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Deposition Motion (Doc. 56) is GRANTED IN PART AND DENIED IN

PART as follows:
a. Defendant is awarded $772.00 under Rule 37(d)(3) as its reasonable
expenses incurred due to Plaintiff’s failure to attend his deposition; and

b. The Deposition Motion is denied in all other respects.
3.

The Pretrial Conference Motion (Doc. 83) is GRANTED IN PART AND

DENIED IN PART as follows:
a. Defendant is awarded its reasonable expense, including attorney’s fees,
under Rule 16(f)(2) incurred due to Plaintiff’s noncompliance with the
CMSO;
b. Defendant shall have fourteen 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; and
c. The Pretrial Conference Motion is DENIED in all other respects.
DONE AND ORDERED in Orlando, Florida on January 29, 2019.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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