Nazer v. City of Saint Petersburg et al

Middle District of Florida, flmd-8:2016-cv-02259

ORDER: (1) The Report and Recommendation of the Magistrate Judge {{138}} is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. (2) Defendant Five Bucks Drinkery, LLC&#0 39;s Motion for Rule 37 Attorney's Fees Pursuant to Court Order DE 109 is DENIED, without prejudice. (3) Defendant Five Bucks Drinkery, LLC, is granted leave to re-file its motion within thirty (30) days of the entry of a mandate by the Court of Appeals on Plaintiff's pending appeal. Signed by Judge Charlene Edwards Honeywell on 6/5/2018. (BGS)

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PageID 951 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IZZAT NAZER, Plaintiff, v. Case No: 8:16-cv-2259-T-36JSS FIVE BUCKS DRINKERY LLC and CITY OF SAINT PETERSBURG, Defendants. / ORDER This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge Julie S. Sneed on May 10, 2018 (Doc. 138). In the Report and Recommendation, Magistrate Judge Sneed recommends that Defendant Five Bucks Drinkery, LLC's Motion for Rule 37 Attorney's Fees Pursuant to Court Order DE 109 (Dkt. 117) be DENIED without prejudice and with leave to re-file within thirty days of the entry of a mandate by the Court of Appeals on Plaintiff's pending appeal. All parties were furnished copies of the Report and Recommendation and were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed. Upon consideration of the Report and Recommendation, and upon this Court's independent examination of the file, it is determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED AND ADJUDGED: (1) The Report and Recommendation of the Magistrate Judge (Doc. 138) is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. PageID 952 (2) Defendant Five Bucks Drinkery, LLC's Motion for Rule 37 Attorney's Fees Pursuant to Court Order DE 109 is DENIED, without prejudice. (3) Defendant Five Bucks Drinkery, LLC, is granted leave to re-file its motion within thirty (30) days of the entry of a mandate by the Court of Appeals on Plaintiff's pending appeal. DONE AND ORDERED at Tampa, Florida on June 5, 2018. Copies to: The Honorable Julie S. Sneed Counsel of Record 2