Quinto v. UNIVERSAL PARKING OF FLORIDA, LLC

Filing 114

ORDER ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS re 94 Motion for Attorney Fees; re 94 Motion for Sanctions; adopting Report and Recommendations re 105 Supplemental Report and Recommendations. Signed by Judge Robert N. Scola, Jr. on 4/19/2017. (ls)

United States District Court
for the
Southern District of Florida
Winston Quinto, Plaintiff
v.
Universal Parking of Florida, LLC,
Defendant

)
)
) Civil Action No. 15-21055-Civ-Scola
)
)

Order Adopting Magistrate’s
Supplemental Report And Recommendation
This matter was referred to United States Magistrate Judge Alicia M.
Otazo-Reyes for a Report and Recommendation (ECF No. 89, 5) on defendant
Universal Parking of Florida, LLC’s request that its post-judgment fees be
included in the fee award against Plaintiff Winston Quinto and his attorney,
Zandro R. Palma (Def.’s Obj., ECF No. 87, 3; Def.’s Updated Mot. for Fees, ECF
No. 94). Judge Otazo-Reyes issued her supplemental report, recommending
that this Court grant the updated motion for attorney’s fees and award
Universal $19,560.00 as post-judgment fees and $448.50 as post-judgment
costs against Plaintiff Quinto and Attorney Palma, jointly and severally. (Supp.
Rep. & Rec., ECF No. 105.) Quinto and Palma have filed objections (ECF No.
109) to which Universal has responded (ECF No. 111).
Judge Otazo-Reyes notes in her supplemental report that this Court has
already adopted the findings and conclusions set forth in her first report,
recommending that sanctions be imposed against Quinto and Palma for their
pre-judgment conduct in this case. To that end, the Court awarded $33,810.00
in fees to Universal against Quinto and Palma, jointly and severally. (Order,
ECF No. 89, 5.) In her supplemental report, Judge Otazo-Reyes now concludes
that (1) “Palma’s unreasonable and vexatious conduct continued after the entry
of judgment,” justifying an award of additional fees “bear[ing] a financial nexus
to the excess proceedings”; and (2) with regard to Quinto, “fees on fees are
recoverable pursuant to Section 1988.” (Supp. Rep. & Rec. 5.)
In their two-pages of objections, Quinto and Palma protest that: (1) their
conduct in this case before judgment was not unreasonable or vexatious; (2)
their conduct in this case after judgment was not unreasonable or vexatious;
and (3) Palma did not continue to dispute Judge Otazo-Reyes’s finding that he
dissembled before the Court during the August 2016 sanctions hearing. With
respect to Quinto and Palma’s first point, the Court reaffirms its conclusions as
set forth in its order adopting Judge Otazo-Reyes’s first report and
recommendation regarding Quinto and Palma’s pre-judgment conduct. (Order,

ECF No. 89.) As to the second point, upon a de novo review of Judge OtazoReyes’s supplemental report and recommendation and the record in this case,
the Court overrules Quinto and Palma’s objections, finding that, indeed, the
“unreasonable and vexatious conduct continued after the entry of judgment.”
(Supp. Rep. & Rec. 5.) Finally, the Court overrules Quinto and Palma’s third
objection as well. In Quinto and Palma’s response to Universal’s updated
motion for fees and sanctions, they repeatedly insisted, without exception, that
they “have not engaged in unreasonable and vexatio[u]s ‘post-judgment’
conduct.” (E.g. Pl.’s Resp., ECF No. 99, 4, 5 (“no ‘misrepresentations’ were
made to the Court”), 6 (“There were no misrepresentations made and Plaintiff
did not engage in unnecessary and vexatious post-judgment conduct.”).) These
protestations are directly contrary Judge Otazo-Reyes’s finding that Palma
dissembled before her at the August hearing.
After making a de novo review of not only those portions of the report
and recommendation that Palma objected to but also of the entire report as
well as the record, the Court affirms and adopts Judge Otazo-Reyes’s findings
and recommendations imposing additional sanctions against Quinto and Palma
(ECF No. 105). Consistent with the Report, the Court awards $19,560.00 in
post-judgment fees and $448.50 in post-judgment costs to Defendant
Universal Parking of Florida, LLC against attorney Palma and plaintiff Quinto,
jointly and severally.
Done and ordered at Miami, Florida on April 19, 2017.
_______________________________
Robert N. Scola, Jr.
United States District Judge