Citation Codes Equivalent Citations citation codes Docket Number No. 90-153-CIV-T-17. Motions Motion for reconsideration : Granted Attorney(S) Warren A. Zimmerman, U.S. Attorney's Office, Middle District of Florida, Tampa, FL, Patricia D. Kenny, Barnett Kenny, P.A., Miami, FL, Michael F. Hertz, U.S. Dept. of Justice, Civil Division, Washington, DC, for plaintiff U.S. Arnold D. Levine, Levine, Hirsch, Segall Northcutt, P.A., Tampa, FL, for defendants Mark S. Stern, M.D., P.A., Mark S. Stern. Edward J. Garcia, Blue Cross Blue Shield of Florida, Legal Affairs Dept., Jacksonville, FL, for garnishee Blue Cross and Blue Shield of Florida, Inc. Patrick William Skelton, Bruce H. Roberson, Holland Knight, Tampa, FL, for garnishee Suntrust Bank fka Sun Bank of Tampa Bay. Prior report: 818 F. Supp. 1521. Judges Elizabeth Anne Kovachevich Acts Money And Finance — Financial Management — Claims — Claims Against The United States Government — Civil Actions For False Claims See more information ... Smart Summary Please sign up to generate summary. UNITED STATES of America, Plaintiff, v. Mark S. STERN and Mark S. Stern, M.D., P.A., Defendants. ORDER KOVACHEVICH, District Judge. This cause is before the Court on United States' Motion for Reconsideration (Dkt. 37), and Relators' Reply to Motion (Dkt. 38). The Court reiterates that portion of its prior Order (Dkt. 36) which awarded $36,473.70 to Relators. The Court vacates that part of the Order which grants $26,160 as a reasonable attorney's fee, and $931.89 as costs, both to be paid by the United States. The False Claims Act, 31 U.S.C. § 3730(d)(1) expressly provides that fees and costs be taxed against Defendant, in this case Mark S. Stern and Mark S. Stern, M.D. P.A. The Court erred in taxing such fees and costs against the Government. Accordingly, it is ORDERED that the Motion for Reconsideration is granted, and Defendants shall pay to Relators $26,160 as a reasonable attorney's fee and $931.89 as costs. DONE and ORDERED.