AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

ANTHONY GRIGOLI, Plaintiff, v. SCOTT COCHRANE INC., et al., Defendants.

STEVEN D. MERRYDAY UNITED STATES DISTRICT JUDGE

ORDER

A March 13, 2015 order (Doc. 27) refers the defendants' motion (Doc. 26) "for reasonable attorney's fees" to the magistrate judge. A July 1, 2015 report (Doc. 43) recommends that, although the defendants failed to timely request an attorney's fee, "the Court . . . award fees pursuant to its inherent power to sanction." (Doc. 43 at 7) See Chambers v. NASCO, Inc., 501 U.S. 32, 49 (1991) ("[T]he inherent power of a court can be invoked even if procedural rules exist which sanction the same conduct."); Peer v. Lewis, 571 Fed. Appx. 840, 844 (11th Cir. 2014) (per curiam) (allowing a district court to impose "Rule 11-type sanctions" based on the court's "inherent power"). The report finds that the plaintiff "litigated in bad faith by representing that he was not paid overtime wages when he had already accepted payment from Defendants." (Doc. 43 at 5) See Chambers, 501 U.S. at 49 ("[An] invocation of the inherent power would require a finding of bad faith."). More than seventeen days has passed, and the plaintiff fails to object to the report. The report and recommendation (Doc. 43) is ADOPTED. For the reasons stated in the report, the defendants' motion (Doc. 26) "for reasonable attorney's fees" is GRANTED. The clerk is directed to enter judgment for the defendants and against the plaintiff for $8,190.50 in an attorney's fee.

Rule 54(d)(2)(B)(i), Federal Rules of Civil Procedure, states that a motion for an attorney's fee "must . . . be filed no later than 14 days after the entry of judgment." --------

ORDERED in Tampa, Florida, on July 27, 2015.

/s/_________


STEVEN D. MERRYDAY


UNITED STATES DISTRICT JUDGE


Use AI to get other relevant cases.

Comments

Grigoli v. Scott Cochrane Inc.
(Jul 27, 2015)