Collar v. Abalux, Inc et al

Filing 263

ORDER ADOPTING 262 Omnibus Report and Recommendations on Defendants' Motion to Determine Appellate Sanctions and for an Award of Fees Related to These Proceedings, and on Defendants' Motion for Release of Funds from Supersedeas Bond, GRAN TING IN PART 242 Defendants' Verified Combined Motion to Determine the Amount of Appellate Sanctions to be Levied and for an Award of Fees Related to these Proceedings, and GRANTING Defendants' Verified Motion for an Order Lifting Stay of Execution and Directing Clerk to Disburse Funds from the Supersedeas Bond Along with Accrued Interest to Satisfy the Courts March 6, 2019 Order. Signed by Judge Joan A. Lenard on 11/25/2020. See attached document for full details. (gie)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 16-20872-CIV-LENARD/GOODMAN
JESUS LAZARO COLLAR,
Plaintiff,
v.
ABALUX, INC. and
JUAN D. CABRAL,
Defendants.
_______________________________/
ORDER ADOPTING OMNIBUS REPORT AND RECOMMENDATIONS ON
DEFENDANTS’ MOTION TO DETERMINE APPELLATE SANCTIONS AND
FOR AN AWARD OF FEES RELATED TO THESE PROCEEDINGS, AND ON
DEFENDANTS’ MOTION FOR RELEASE OF FUNDS FROM SUPERSEDEAS
BOND (D.E. 262)
THIS CAUSE is before the Court on Magistrate Judge Jonathan Goodman’s
Omnibus Report and Recommendations on Defendants’ Motion to Determine Appellate
Sanctions and for an Award of Fees Related to These Proceedings, and on Defendants’
Motion for Release of Funds from Supersedeas Bond, (“Report,” D.E. 262), issued
November 9, 2020. Judge Goodman recommends: (1) awarding Defendants $15,920.00 in
attorneys’ fees for defending Plaintiff’s counsel’s frivolous appeal of the order granting
sanctions (calculated as 39.8 hours at $400 per hour); (2) awarding $2,000.48 in costs
incurred defending Plaintiff’s counsel’s frivolous appeal; and (3) granting Defendants’
Motion for an Order Lifting the Stay of Execution and Directing the Clerk of Court to
Disburse Funds from the Supersedeas Bond Along with Accrued Interest to satisfy the

$27,171.80 in fees and costs awarded on March 6, 2019, directing the Clerk to calculate
post-Judgment interest on the $27,171.80 awarded on March 6, 2019 through the date of
payment, and directing the Clerk to pay this total amount to counsel for Defendants, Leslie
Langbein, in partial satisfaction of the total sanctions award at the trial and appellate levels.
(Report at 15, 17-19.)
The Report provides the Parties with fourteen (14) days to file objections. As of the
date of this Order, no objections have been filed. Failure to file objections shall bar parties
from attacking on appeal the factual findings contained in the report. See Resolution Trust
Corp. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993).
Therefore, after an independent review of the Report and record, it is hereby
ORDERED AND ADJUDGED that:
1.

The Omnibus Report and Recommendations on Defendants’ Motion to
Determine Appellate Sanctions and for an Award of Fees Related to These
Proceedings, and on Defendants’ Motion for Release of Funds from
Supersedeas Bond (D.E. 262) is ADOPTED;

2.

Appellees/Defendants’ Verified Combined Motion to Determine the Amount
of Appellate Sanctions to be Levied and for an Award of Fees Related to
these Proceedings (D.E. 242) is GRANTED as follows:
a)

Defendants are awarded $15,920.00 in attorneys’ fees for defending
Plaintiff’s counsel’s frivolous appeal of the order granting sanctions,
for which sum let execution issue; and

2

b)

Defendants are awarded $2,000.48 in costs incurred defending
Plaintiff’s counsel’s frivolous appeal, for which sum let execution
issue;

3.

Defendants’ Verified Motion for an Order Lifting Stay of Execution and
Directing Clerk to Disburse Funds from the Supersedeas Bond Along with
Accrued Interest to Satisfy the Court’s March 6, 2019 Order (D.E. 243) is
GRANTED as follows:
a)

The stay of collections pending appeal (see D.E. 207) is LIFTED;
and

b)

The Clerk of Court is instructed to calculate post-judgment interest on
the $27,171.80 awarded on March 6, 2019 (see D.E. 197) through the
date of payment and then pay the total amount to counsel for
Defendants, Leslie Langbein, in partial satisfaction of the total
sanctions awarded at the trial and appellate levels.

DONE AND ORDERED in Chambers at Miami, Florida this 25th day of
November, 2020.

____________________________________
JOAN A. LENARD
UNITED STATES DISTRICT JUDGE

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