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Rocke McLean
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Order | Filed: May 02, 2024 | Entered: May 02, 2024 RUBIO et al v. BENGAL PROPERTIES, INC., et al
Consumer Credit | Florida Southern
Order on Motion for Bill of Costs Order on Motion for Attorney Fees Order on Motion to Stay
PAPERLESS ORDER GRANTING 208 Plaintiffs' Unopposed Motion to Stay Ruling on Bengal Properties, Inc.'s ("Bengal's") Renewed Motion for Attorney's Fees and Costs (the "Motion"). The Motion concerns 206 Bengal's Motion for Bill of Costs and 207 Bengal's Renewed Verified Motion for Attorney's Fees (together, "Bengal's Renewed Motions for Fees and Costs"). Bengal's Renewed Motions for Fees and Costs have been referred to the undersigned for appropriate resolution. ECF No. 14 at 2. In April 2023, the undersigned denied Bengal's initial motions for attorney fees and costs pending 195 Plaintiffs' Notice of Appeal ("Plaintiffs' First Appeal"). See ECF No. 196. In April 2024, the Eleventh Circuit Court of Appeals issued its mandate dismissing Plaintiffs' First Appeal for lack of jurisdiction. See ECF No. 201 at 2. Plaintiffs have since filed 202 a second Notice of Appeal ("Plaintiffs' Second Appeal"). The parties jointly request that the Court stay ruling on Bengal's Renewed Motions for Fees and Costs until Plaintiffs' Second Appeal is resolved. ECF No. 208 at 2. Accordingly, the Motion is GRANTED. Further, given 202 Plaintiffs' Second Appeal and to conserve judicial and attorney resources, the undersigned exercises her discretion to DENY WITHOUT PREJUDICE Bengal's Renewed Motions for Fees and Costs, which were filed "in an abundance of caution." ECF No. 207 at 4. See, e.g., Williams v. The GEO Group, Inc., No. 20-CV-81960 (S.D. Fla. Apr. 21, 2022) (ECF No. 99) (exercising court's discretion in denying motion to tax costs without prejudice pending appeal); Democratic Republic of the Congo v. Air Capital Grp., LLC, 12-CV-20607, 2014 WL 12634405, at *1 (S.D. Fla. May 8, 2014) (same); see also Victor Elias Photography, LLC v. Ice Portal, Inc., No. 19-CV-62172-RS (S.D. Fla. Jul. 27, 2021) (ECF No. 87) (terminating motion for attorney fees pending appeal). Bengal may refile its requests for fees and costs within 30 days of the issuance of the Eleventh Circuit's mandate on Plaintiffs' Second Appeal. Signed by Magistrate Judge Alicia O. Valle on 5/2/2024. (sd01)
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Appeal | Filed: April 30, 2024 | Entered: April 30, 2024 RUBIO et al v. BENGAL PROPERTIES, INC., et al
Consumer Credit | Florida Southern
Electronic Availability of ROA
Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: 202 Notice of Appeal, Appeal No. 24-11043-AA. The entire record on appeal is available electronically. (jgo)
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Motion | Filed: April 30, 2024 | Entered: April 30, 2024 RUBIO et al v. BENGAL PROPERTIES, INC., et al
Consumer Credit | Florida Southern
Stay
Unopposed MOTION to Stay re 207 Defendant's MOTION for Attorney Fees Renewed Verified Motion for Fees and Incorporated Memo of Law, 206 Defendant's MOTION for Bill of Costs by PAUL MACNEIL, PATRICIA RUBIO. Responses due by 5/14/2024. (Newhart, Darren)
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