Rocket Real Estate, LLC et al v. Maestres

Filing 340

ORDER denying without prejudice 329 Verified Motion for Attorney Fees. Please see Order for details. Signed by Magistrate Judge Barry S. Seltzer on 10/17/2017. (pb00)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 15-62488-CIV-COHN/SELTZER
ROCKET REAL ESTATE, LLC, and
ERIC ROMANOW,
Plaintiff,
vs.
LOURDES E. MAESTRES,
Defendants.
________________________________/
ORDER
THIS CAUSE is before the court upon Joseph E. Altschul, LLC’s Verified Motion for
Attorney’s Fees [DE 329] and the Eleventh Circuit’s Order [DE 339] reinstating Lourdes E.
Maestres’ appeal of the Order [DE 313] denying her Motion for Attorney’s Fees [DE 249].
After obtaining a judgment in her favor on the merits of Plaintiffs’ claims, Maestres sought
attorney’s fees under Rule 11, Fed. R. Civ. P, and the court’s inherent powers. The District
Court denied that Motion [DE 313], and Maestres appealed [DE 315].
Plaintiff Rocket Real Estate filed a Verified Motion for Attorney’s Fees [DE 320] that
sought sanctions against Maestres and her attorney under Rule 11 and the court’s inherent
powers, for filing the initial Rule 11 motion. The Court denied Plaintiff’s motion without
prejudice to renew, if appropriate, upon the disposition of Maestres’ appeal [DE 322].
When Maestres failed to timely file her appellate brief, the Eleventh Circuit dismissed the
appeal for lack of prosecution [DE 328].
Thereafter, Joseph E. Altschul, LLC, filed a Verified Motion for Attorney’s Fees
seeking fees and costs under Rule 11 and under the court’s inherent powers for fees and

costs incurred in defending Maestres’ Rule 11 motion [DE 329]. Before Altschul’s motion
could be fully briefed and resolved, Maestres requested the Eleventh Circuit to reinstate
her appeal. On October 16, 2017, the Eleventh Circuit granted Maestres’ motion and
reinstated her appeal [DE 339].
In light of the reinstated appeal, the interest of judicial economy would be best
served by deferring ruling on Altschul’s Verified Motion for Attorney’s Fees. Indeed, if the
Eleventh Circuit were to reverse the denial of Maestres’s Rule 11 motion, the grounds for
Altschul’s motion would be moot. The Court, therefore, concludes that Altschul’s Verified
Motion for Attorney’s Fees should be denied without prejudice to renew, if appropriate,
following disposition of Maestres’ appeal. Accordingly, it is hereby
ORDERED AND ADJUDGED that Joseph E. Altschul’s Verified Motion for
Attorney’s Fees [DE 329] is DENIED WITHOUT PREJUDICE to renew, if appropriate,
following disposition of Maestres’ appeal.
DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 17th day of
October, 2017.

Copies furnished counsel via CM/ECF

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