Schofield v. Suraj Properties, Inc., 8:18-cv-30-T-02JSS. (2019)
Court: District Court, M.D. Florida
Number: infdco20190819b05
Visitors: 11
Filed: Aug. 16, 2019
Latest Update: Aug. 16, 2019
Summary: ORDER DENYING ATTORNEY'S FEES TO DEFENDANTS WILLIAM F. JUNG , District Judge . Although Defendants are the prevailing parties in both the cases brought by Eric W. Schofield, Sr. (18cv30) and by Amanda Lewis (18cv42), there is no statutory basis to grant them fees. Accordingly, the motions for fees at docket 153 in Schofield, Sr.'s case and docket 83 in Lewis's case are denied. The Court finds cogent and apt the reasoning of Judge Howard in Kubiak v. S.W. Cowboy, Inc., 3:12-cv-1306-J-34J
Summary: ORDER DENYING ATTORNEY'S FEES TO DEFENDANTS WILLIAM F. JUNG , District Judge . Although Defendants are the prevailing parties in both the cases brought by Eric W. Schofield, Sr. (18cv30) and by Amanda Lewis (18cv42), there is no statutory basis to grant them fees. Accordingly, the motions for fees at docket 153 in Schofield, Sr.'s case and docket 83 in Lewis's case are denied. The Court finds cogent and apt the reasoning of Judge Howard in Kubiak v. S.W. Cowboy, Inc., 3:12-cv-1306-J-34JR..
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ORDER DENYING ATTORNEY'S FEES TO DEFENDANTS
WILLIAM F. JUNG, District Judge.
Although Defendants are the prevailing parties in both the cases brought by Eric W. Schofield, Sr. (18cv30) and by Amanda Lewis (18cv42), there is no statutory basis to grant them fees. Accordingly, the motions for fees at docket 153 in Schofield, Sr.'s case and docket 83 in Lewis's case are denied.
The Court finds cogent and apt the reasoning of Judge Howard in Kubiak v. S.W. Cowboy, Inc., 3:12-cv-1306-J-34JRK, 2017 WL 1080000 (M.D. Fla. Mar. 22, 2017). As the complaints are pled, section 448.08 of the Florida Statutes is not implicated. Neither the Fair Labor Standards Act (29 U.S.C. § 216(b)) nor the Florida Minimum Wage Act (Fla. Stat. § 448.110) provides attorney's fees to prevailing defendants.
It is therefore ORDERED AND ADJUDGED that Defendants' First Amended Motion for Attorney's Fees (Dkt. 153) is denied.
DONE AND ORDERED.
Source: Leagle
