Kelly v. Palmer, Reifler & Associates, P.A.

Filing 237

Order Adopting Report and Recommendation, Granting Summary Judgment in Favor of Defendant Against Plaintiffs, and Denying Pending Motions as Moot. Signed by Chief Judge Federico A. Moreno on 1/11/2010. (rze)

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA
Miami Division
Case Number: 08-21843-CIV-MORENO VERONICA KELLY, individually and on behalf of others similarly situated,, Plaintiffs, VS. PALMER, REIFLER, & ASSOCIATES, P.A. Defendant.

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AND GRANTING SUMMARY JUDGMENT AGAINST PLAINTIFFS
THE MATTER was referred to the Honorable Edwin G. Torres, United States Magistrate Judge for a Report and Recommendation on Plaintiffs Veronica Kelly, Lil Simon, and Ron Baum's Motion for Partial Summary Judgment on Liability for Violations of FDUTPA (D.E. No. 119), filed on Mav 27,2009, and Defendant's Motion for Summary Judgment (D.E. No. 165), filed on Aueust 14,2009. The Magistrate Judge filed a Report and Recommendation (D.E. No. 216) on October 30,2009. The Court has reviewed the entire file and record. The Court has made a de novo review of the issues that the objections to the Magistrate Judge's Report and Recommendation present, and being otherwise fully advised in the premises, it is ADJUDGED that United States Magistrate Judge Edwin G. Torres's Report and Recommendation (D.E. No. 216) is AFFIRMED and ADOPTED. Most of the the Plaintiffs' objections concern Magistrate Judge Torres's finding that Defendant did not go beyond rendering traditional legal services to its clients. The Plaintiffs rely on this Court's early discovery order

compelling Defendant to produce records over Defendant's objection that the work product immunity applied because it was engaged in the practice of law. The Court did not have the benefit of a fullydeveloped record at that time and, now that it does, it agrees with Magistrate Judge Torres's finding that Defendants were engaged in the practice of law. It is therefore ADJUDGED that: 1. Plaintiffs Veronica Kelly, Lil Simon, and Ron Baum's Motion for Partial Summary

on Liability for Violations of FDUTPA is DENIED. 2. Defendant Palmer, Reifler & Associates, P.A.'s Motion for Summary Judgment is

GRANTED and summary judgment is entered in the Defendant's favor and against each of the Plaintiffs on all counts.

3.

This case is CLOSED and all pending motions are DENIED as moot. January, 2010.

DONE AND ORDERED in Chambers at Miami, Florida, this

Copies provided to: United States Magistrate Judge Edwin G. Torres Counsel of Record