LESLIE SMITH v. PSYCHIATRIC SOLUTIONS INC et al

Filing 318

ORDER adopting 309 Report and Recommendation. Attorneys Reino, Channapasappa, and Avery are permitted to formally withdraw as counsel for their respective clients. Dfts' 156 motion for attorneys' fees and sanctions is GRANTED in part and DENIED in part, as follows: The motion is GRANTED with respect to the request for fees pursuant to Fla. Stat. § 448.104 and DENIED with respect to the request for sanctions pursuant to 28 U.S.C.§ 1927. Pla's [2 94] motion for Rule 11 sanctions is DENIED, with Dfts to be awarded attorneys' fees for their expenses incurred in opposing the motion. Dfts shall file proof of attorneys fees incurred in opposing the Rule 11 sanctions motion within 30 days. Pl a is found liable for attorneys fees pursuant to Fla. Stat. § 448.104, and the parties shall immediately commence complying with N.D. Fla. Loc. R. 54.1(E) to determine the amount of fees to be awarded. Signed by CHIEF JUDGE M CASEY RODGERS on March 30, 2012. (kvg)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION LESLIE SMITH, Plaintiff, v. Case No.: 3:08cv3/MCR/EMT PSYCHIATRIC SOLUTIONS, INC., et al., Defendants. _________________________________/ ORDER This cause comes on for consideration upon the magistrate judge’s Report and Recommendation dated February 28, 2012 (doc. 309). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). Having fully and carefully considered the Report and Recommendation and having made a de novo determination of all objections filed, the undersigned concludes that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The magistrate judge’s Report and Recommendation is adopted and incorporated by reference in this order. 2. Attorneys Reino, Channapasappa, and Avery are permitted to formally withdraw as counsel for their respective clients. 3. Defendants’ motion for attorneys’ fees and sanctions (Doc. 156), is GRANTED in part and DENIED in part, as follows: The motion is GRANTED with respect to the request for fees pursuant to Fla. Stat. § 448.104 and DENIED with respect to the request for sanctions pursuant to 28 U.S.C. § 1927. Page 2 of 2 4. Plaintiff’s motion for Rule 11 sanctions (Doc. 294) is DENIED, with Defendants to be awarded attorneys’ fees for their expenses incurred in opposing the motion.1 Defendants shall file proof of attorneys’ fees incurred in opposing the Rule 11 sanctions motion within thirty (30) days. 5. Plaintiff is found liable for attorney’s fees pursuant to Fla. Stat. § 448.104, and the parties shall immediately commence complying with N.D. Fla. Loc. R. 54.1(E) to determine the amount of fees to be awarded. DONE AND ORDERED this 30th day of March, 2012. M. Casey Rodgers M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE 1 Although not addressed by the R&R, the undersigned concludes that these attorneys’ fees are the responsibility of counsel, not the plaintiff, given the findings m ade by the m agistrate judge regarding the Rule 11 m otion filed, as herein adopted by the court. Case No: 3:08cv3/MCR/EMT

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