Opinion

Ofarrill v. MMDO Corp.

Court
District Court, S.D. Florida
Filed
Jul 15, 2020
Cited by
0 cases

The opinion

United States District Court

for the

Southern District of Florida

Osmany Valdivia Ofarrill, Plaintiff, )

)

v. )

)

Civil Action No. 18-22812-Civ-Scola

MMDO Corp d/b/a Montes de Oca )

Original Pizza Cubana (Estilo )

Varadero) and Manuel Montes de )

Oca, Jr., Defendants. )

Order Denying Motion for Attorney’s Fees

Before the Court is Mr. Ruben Saenz’s fourth attempt at obtaining an

award of attorney’s fees. (Pl.’s Mot., ECF No. 57.) Having reviewed the motion,

the record, and the relevant legal authorities, the Court denies the motion

(ECF No. 57).

The motion purports to be filed pursuant to Local Rule 7.3, but it violates

Local Rule 7.3. That rule requires that a motion for attorneys’ fees “be filed and

served within sixty (60) days of the entry of the final judgment or order giving

rise to the claim” for fees. S.D. Fla. L.R. 7.3(a)(1). The final judgment in this

case was entered on February 24, 2020. (ECF No. 53.) The instant motion for

attorneys’ fees was filed more than 60 days later, on June 3, 2020. (ECF No.

57.) Defendant’s failure to present any argument for why it waited so long to

file a motion for costs is “plainly insufficient for the Court’s purposes,” because

these deadlines operate as bright-line cutoff points, similar to statutes of

limitation. Hodge v. McNeil, 2012 WL 663180, at *2 (S.D. Fla. Feb. 28, 2012)

(Brown, Mag. J.) (citation omitted); see also Staats v. Universal Marine Ctr., Inc.,

2017 WL 6539512, at *2 (S.D. Fla. Dec. 20, 2017) (Bloom, J.) (“The comments

to Local Rule 7.3 also indicate that the deadlines for fees and costs motions are

intended to act as bright-line cutoff points, similar in nature to statutes of

limitation.”) (citing Comments Section, L.R. 7.3 (1999) (“[I]n no event may a

motion for fees or costs be made later than the date provided for in this rule”).

In addition to omitting any explanation for the untimeliness of the

motion, counsel also omitted that this Court has already denied his motions for

fees three times. The history of Mr. Saenz’s repeated attempts to obtain an

award of attorneys’ fees in an untimely or invalid manner is set forth in the

Court’s April 30, 2020 Order denying his third attempt to obtain fees. To the

extent counsel is actually seeking reconsideration, the motion only adds

evidence of fees that predates the prior orders and is thus not at all new or

otherwise deserving of reconsideration. Counselis admonished and hereby on

notice that the Court will impose appropriate sanctions should he file a fifth

successive and unmeritorious motion to obtain attorneys’ fees.

Accordingly, the Court denies the motion (ECF No. 57). The Court

directs the Clerk to mail copies of this order to the Defendants at the

addresses listed below.

Done and ordered in chambers, at Miami, Florida, on July 15, 2020.

f= N. Aff

United States District Judge

Copy to:

MANUEL MONTES DE OCA, JR.

506 S.W. 98 Ct.

Miami, FL 33174

MMDO CORP D/B/A MONTES DE OCA ORIGINAL PIZZA CUBANA (ESTILO

VARADERO)

506 S.W. 98 Ct.

Miami, FL 33174

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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