Kadiyala et al v. Pupke et al

Filing 347

ORDER affirming 344 Report and Recommendations; granting in part and denying in part 316 Motion for Attorney Fees; overruling 346 Motion for Reconsideration re 344 REPORT AND RECOMMENDATIONS re 316 Renewed MOTION for Attorney Fees And Non Taxable Expenses and Costs filed by Ravi Kadiyala. Signed by Judge Kenneth A. Marra on 8/30/2024. See attached document for full details. (ir)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 17-80732-CIV-KAM
RAVI KADIYALA, individually, and as the
Assignee of CREDIT UNION MORTGAGE
UTILITY BANC, INC., an Illinois corporation,
Plaintiff,
v.
MARK JOHN PUPKE, MARIE MOLLY
PUPKE,
Defendants.
_______________________________________/
MARK JOHN PUPKE and
MARIE MOLLY PUPKE,
Counterclaim Plaintiffs,
v.
RAVI KADIYALA, individually, and as the
Assignee of CREDIT UNION MORTGAGE
UTILITY BANC, INC. an Illinois corporation,
Counterclaim Defendant.
_______________________________________/
ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Renewed Verified Motion for
Attorney’s Fees and Non-Taxable Expenses and Costs (DE 316).
THIS MATTER was referred to the Honorable William Matthewman, United States
Magistrate Judge, Southern District of Florida. A Report and Recommendation, dated

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August 15, 2024, has been filed, recommending that the district court award Plaintiff attorneys’
fees in the amount of $484,623.95 and non-taxable costs in the amount of $13,539.40, for a total
award of $498,163.35 against Defendant Mark Pupke.
The Court has conducted a de novo review of the entire file, the record herein and the
objections filed by Defendant Mark Pupke.1 The Court overrules Mr. Pupke’s objections. The
objections attack the underlying judgment which has been affirmed on appeal. See Kadiyala v.
Pupke, No. 22-10211, 2024 WL 33910 (11th Cir. Jan. 3, 2024). As such, it is now the law of the
case and the Court is not free to alter or amend the judgment, especially on a motion for
attorneys’ fees and costs. Alphamed, Inc. v. B. Braun Medical, Inc., 367 F.3d 1280, 1285 (11th
Cir. 2004) (“Under the law of the case doctrine, both district courts and appellate courts are
generally bound by a prior appellate decision in the same case.”); Litman v. Mass. Mut. Life Ins.
Co., 825 F.2d 1506, 1511 (11th Cir.1987) (“The law of the case doctrine, self-imposed by the
courts, operates to create efficiency, finality and obedience within the judicial system.”).
Accordingly, it is hereby ORDERED AND ADJUDGED that:
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The Report is AFFIRMED.

2)

Plaintiff’s Renewed Verified Motion for Attorney’s Fees and Non-Taxable

Expenses and Costs (DE 316) is GRANTED IN PART AND DENIED IN PART in the
total amount of $498,163.35.

The Court construes Defendant Mark Pupke’s motion for reconsideration (DE 346) as objections to the Report and
Recommendation.
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3)

The Court will separately issue Judgment.

DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County,
Florida, this 30th day of August, 2024.

KENNETH A. MARRA
United States District Judge

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