Deer et al v. SALTZMAN, TANIS, PITTELL, LEVIN & JACOBSON, INC., et al

Filing 50

ORDER adopting 35 Report and Recommendations; granting in part and denying in part 15 Motion for Sanctions. Signed by Judge Paul C. Huck on 4/20/2011. (kfn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 10-61588-CIV-HUCK
LAVERN DEER,
Plaintiff,
v.
SALTZMAN, TANIS, PITTELL, LEVIN &
JACOBSON, INC., d/b/a PEDIATRIC
ASSOCIATES,
Defendant.
______________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS MATTER is before the Court on Defendant[s’] Motion for Rule 11 Sanctions and
Incorporated Memorandum of Law (D.E. #15), filed December 10, 2010. On April 1, 2011,
Magistrate Judge John O’Sullivan entered a Report and Recommendation (D.E. #35), in which he
recommended that the motion be granted in part and denied in part. Judge O’Sullivan further
recommended that the Court award Defendants $900.00 against Plaintiff’s counsel as fair and
reasonable attorney’s fees directly resulting from the Rule 11(b)(2) violation in this case. On April
14, 2011, Plaintiff’s counsel filed objections to the Report and Recommendation (D.E. #46). The
Court has independently reviewed the Report and Recommendation, the objections, the pertinent
portions of the record, and is otherwise duly advised. Accordingly, it is hereby
ORDERED that the Court ADOPTS the findings of fact and conclusions in the Report and
Recommendation.

Defendants’ Motion is GRANTED IN PART and DENIED IN PART.

Defendants are entitled to monetary sanctions in the amount of $900.00 as fair and reasonable
attorney’s fees directly resulting from the Rule 11(b)(2) violation.
DONE and ORDERED in Chambers, Miami, Florida, April 20, 2011.

__________________________
Paul C. Huck
United States District Judge
Copies furnished to:
Magistrate Judge John J. O’Sullivan
All Counsel of Record