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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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.

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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