Nazer v. Saint Petersburg Police Department et al

Filing 143

ORDER: (1) The Report and Recommendation of the Magistrate Judge 138 is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. (2) Defendant Five Bucks Drinkery, LLC� 39;s Motion for Rule 37 Attorney's Fees Pursuant to Court Order DE 109 is DENIED, without prejudice. (3) Defendant Five Bucks Drinkery, LLC, is granted leave to re-file its motion within thirty (30) days of the entry of a mandate by the Court of Appeals on Plaintiff's pending appeal. Signed by Judge Charlene Edwards Honeywell on 6/5/2018. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
IZZAT NAZER,
Plaintiff,
v.

Case No: 8:16-cv-2259-T-36JSS

FIVE BUCKS DRINKERY LLC and CITY
OF SAINT PETERSBURG,
Defendants.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Julie S. Sneed on May 10, 2018 (Doc. 138). In the Report and Recommendation,
Magistrate Judge Sneed recommends that Defendant Five Bucks Drinkery, LLC’s Motion for Rule
37 Attorney’s Fees Pursuant to Court Order DE 109 (Dkt. 117) be DENIED without prejudice and
with leave to re-file within thirty days of the entry of a mandate by the Court of Appeals on
Plaintiff’s pending appeal. All parties were furnished copies of the Report and Recommendation
and were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such
objections were filed.
Upon consideration of the Report and Recommendation, and upon this Court's independent
examination of the file, it is determined that the Report and Recommendation should be adopted.
Accordingly, it is now
ORDERED AND ADJUDGED:
(1)

The Report and Recommendation of the Magistrate Judge (Doc. 138) is adopted,
confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.

(2)

Defendant Five Bucks Drinkery, LLC’s Motion for Rule 37 Attorney’s Fees
Pursuant to Court Order DE 109 is DENIED, without prejudice.

(3)

Defendant Five Bucks Drinkery, LLC, is granted leave to re-file its motion within
thirty (30) days of the entry of a mandate by the Court of Appeals on Plaintiff’s
pending appeal.

DONE AND ORDERED at Tampa, Florida on June 5, 2018.

Copies to:
The Honorable Julie S. Sneed
Counsel of Record

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