BRIER et al v. DE CAY

Filing 58

ORDER ADOPTING REPORT AND RECOMMENDATION. The previously imposed stay is LIFTED. The 49 Report and Recommendation is adopted and incorporated by reference in this Order. Plaintiffs 32 Motion for Entitlement to Attorney F ees is GRANTED. Plaintiffs have timely filed a 50 Motion to Determine the Amount of Fees and Costs. Defendant has 14 days from the date of this Order to file a response to the motion. The Clerk is directed to refer the Motion and response, if any is timely filed, to the assigned Magistrate Judge for determination. (Internal deadline for referral to judge if response not filed earlier: 8/31/2018). Signed by JUDGE M CASEY RODGERS on 8/16/2018. (alb) Modified on 8/17/2018 (alb).

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

JOHN BRIER, et al.,
Plaintiffs,
v.

CASE NO. 3:16cv142-MCR-CJK

KEITH DE CAY,
Defendant.
________________________________/

ORDER
Consideration of the pending motions in this case and all deadlines were
tolled pending an appeal to the Eleventh Circuit. The Eleventh Circuit affirmed the
judgment of the Court and has now issued its mandate. Therefore, the stay will be
lifted, and the Court will consider the remaining motions.
This case is before Court on consideration of the Magistrate Judge’s Report
and Recommendation dated January 25, 2018. ECF No. 49. 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). Defendant filed an untimely objection on February 23, 2018, ECF
No. 51. Nonetheless, the Court has considered the objection and finds, on de novo

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review, that it is due to be overruled for the same reasons as stated by the
Magistrate Judge. Thus, having considered the Report and Recommendation, and
the objections, the Court has determined that the Report and Recommendation
should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The previously imposed stay is LIFTED.

2

Magistrate Judge’s Report and Recommendation, ECF No. 49, is

adopted and incorporated by reference in this Order.
3.

Plaintiffs’ Motion for Entitlement to Attorney’s Fees, ECF No. 32, is

GRANTED.
4.

Plaintiffs have timely filed a Motion to Determine the Amount of Fees

and Costs. ECF No. 50. Defendant has 14 days from the date of this Order to file
a response to the motion.
5.

The Clerk is directed to refer the Motion to Determine Amount of

Attorneys’ Fees and Costs, ECF No. 50, and response, if any is timely filed, to the

Case No. 3:16cv142-MCR-CJK

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assigned Magistrate Judge for determination.
DONE AND ORDERED this 16th day of August 2018.

M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE

Case No. 3:16cv142-MCR-CJK