Summary
emphasizing that the plaintiff's case was frivolous because the plaintiff presented no evidence in the record to support an inference that race was the actual reason for the adverse action when opposing the summary judgment motion
Summary of this case from Wigfall v. Saint Leo Univ., Inc.Opinion
Case No. 6:04-cv-1356-Orl-22DAB.
March 7, 2007
ORDER
This cause is before the Court on Defendant's Motion for Attorneys' Fees (Doc. No. 67) filed on January 19, 2007.
The United States Magistrate Judge has submitted a report recommending that the Motion be granted in part, and that attorney's fees in the amount of $50,750.00 be awarded. The Magistrate Judge noted that a party seeking to limit an award of attorney's fees has the burden to establish his financial status, and that Plaintiff failed to present any specific evidence of his financial situation, short of counsel's argument that "by anyone's standard $54,322.00 is a substantial amount of money." Plaintiff's counsel has filed a Notice of Supplemental Information asserting Plaintiff's salary is $43,000 a year, Plaintiff has a child which will start college in the fall of 2007, Plaintiff has a small son that he provides for and shelters, and Plaintiff has a mortgage exceeding $200,000.00 (Doc. No. 72). However, Plaintiff has failed to provide the Court with a financial affidavit setting forth all his assets and liabilities. Accordingly, the Court finds that Plaintiff has failed to supply this Court with evidence demonstrating his inability to pay.
After an independent de novo review of the record in this matter, including the Plaintiff's supplemental information, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendations. The Court notes that the Plaintiff does not contest the findings of fact or the conclusions of law.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed February 23, 2007 (Doc. No. 71) is ADOPTED and CONFIRMED and made a part of this Order.
2. Defendant's Motion for Attorneys' Fees (Doc. No. 67) is GRANTED in part.
3. Defendant shall recover attorneys' fees from Plaintiff in the amount of $50,750.00.
DONE and ORDERED in Chambers, in Orlando, Florida.