Pierson v. Orlando Regional Healthcare Systems, Inc. et al, No. 6:2008cv00466 - Document 440 (M.D. Fla. 2012)
Court Description: ORDER adopting 437 Report and Recommendation; granting 428 Second Renewed Motion for attorneys' fees; granting 439 Unopposed Motion for entry of consolidated final judgment for fees and costs; entering judgment for fees and costs. Signed by Judge John Antoon II on 7/16/2012. (BRS)
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Pierson v. Orlando Regional Healthcare Systems, Inc. et al Doc. 440 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION RAYMOND H. PIERSON, III, Plaintiff, and JOANNE R. WERNTZ, Intervenor-Plaintiff, -vs- Case No. 6:08-cv-466-Orl-28GJK ORLANDO HEALTH f/k/a ORLANDO REGIONAL HEALTHCARE SYSTEMS, INC.; ERIK LIEBERMAN, as personal representative of the Estate of Phillip G. Spiegel; ROGER MURBACH; STEVEN APPELBLATT; FRANK BONE; WILLIAM BOTT; THOMAS CSENCSITZ; J. DEAN COLE; JOHN HILLENMEYER; J. DAVID MOSER; N. DONALD DIEBEL; RORY EVANS; MANUEL J. GALCERAN; HEDRICK J. RIVERO; C. GORDON WOLFRAM; ROY W. SANDERS; GREGORY A. RIEF, as co-personal representative of the Estate of John Connolly; LINDA G.T. PARKS, as copersonal representative of the Estate of John Connolly; MUSCULOSKELETAL INSTITUTE, CHARTERED; WOLVERINE ANESTHESIA CONSULTANTS, M.D., P.A.; UNITED STATES OF AMERICA; NATIONAL PRACTITIONER DATA BANK; MICHAEL O. LEAVITT, Secretary of the United States Department of Health & Human Services; REGION IV OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; STATE OF FLORIDA; FLORIDA HEALTH DEPARTMENT; and FLORIDA BOARD OF MEDICINE; Defendants. ________________________________________________ ORDER Dockets.Justia.com This case is before the Court on the Second Renewed Motion of ORHS, Csencsitz, Hillenmeyer, Wolfram, Connolly, and Spiegel for Attorneys’ Fees (Doc. No. 428) filed March 30, 2012. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows: 1. That the Report and Recommendation filed June 21, 2012 (Doc. No. 437) is ADOPTED and CONFIRMED and made a part of this Order. 2. The Second Renewed Motion of ORHS, Csencsitz, Hillenmeyer, Wolfram, Connolly and Spiegel for Attorneys’ Fees (Doc. No. 428) is GRANTED. 3. Judgment is hereby entered in favor of Orlando Regional Healthcare System, Inc., Thomas Csencsitz, John Hillenmeyer, C. Gordon Wolfram, Gregory A. Rief and Linda G.T. Parks, as Co-Personal Representatives of the Estate of John Connolly, and Erik Lieberman, as Personal Representative of the Estate of Phillip G. Spiegel, as follows: a. $749,169.20 in attorneys’ fees, jointly and severally, against Raymond H. Pierson, III and Joanne R. Werntz; b. $38,218.70 in attorneys’ fees against Joanne R. Werntz individually; and c. $76,048.20 in attorneys’ fees against Raymond H. Pierson, III individually. -2- 4. Also before the Court is the Unopposed Motion for Entry of Consolidated Final Judgment for Both Fees and Costs (Doc. No. 439). The Motion is GRANTED. Judgment is hereby entered in favor of Orlando Regional Healthcare System, Inc., Thomas CSENCSITZ, John Hillenmeyer, C. Gordon Wolfram, Gregory A. Rief and Linda G.T. Parks, as Co-Personal Representatives of the Estate of John Connolly, and Erik Lieberman, as Personal Representative of the Estate of Philip G. Spiegel, as follows: a. $61,468.361 in costs against Raymond H. Pierson, III and Joanne R. Werntz. 5. The Clerk of the Court is directed to enter judgment in favor of Orlando Regional Healthcare System, Inc., Thomas Csencsitz, John Hillenmeyer, C. Gordon Wolfram, Gregory A. Rief and Linda G.T. Parks, as Co-Personal Representatives of the Estate of John Connolly, and Erik Lieberman, as Personal Representative of the Estate of Philip G. Spiegel, and against Raymond H. Pierson, III and Joanne R. Werntz for attorneys’ fees and costs as set forth above. DONE and ORDERED in Chambers, Orlando, Florida this 16th day of July, 2012. Copies furnished to: United States Magistrate Judge Counsel of Record 1 This amount was taxed as costs on November 26, 2010 (Doc. No. 382). -3-
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