J. David John v. Megan Marie Bolinder, et al.

Summary

The United States District Court for the Southern District of Florida adopts a magistrate judge’s report and recommendation concerning a motion to designate the plaintiff a vexatious litigant and a motion for attorney’s fees. The court denies the vexatious-litigant motion and awards Defendant Megan Bolinder $7,185.20 in reasonable attorney’s fees based on the plaintiff’s bad-faith conduct.

Holdings

1. Specific objections to a magistrate judge's report and recommendation receive de novo review, while portions lacking a specific objection are reviewed for clear error.
2. The motion to designate Plaintiff as a vexatious litigant is denied.
3. Defendant Bolinder is awarded $7,185.20 in reasonable attorney's fees pursuant to the court's inherent authority because Plaintiff acted in bad faith in conducting the litigation.

Questions Presented

1. Whether the magistrate judge's recommendation regarding designation of Plaintiff as a vexatious litigant should be adopted.
2. Whether Defendant Bolinder should be awarded attorney's fees based on Plaintiff's bad-faith conduct in the litigation.
3. What standard of review applies to the objected and unobjected portions of the magistrate judge's report and recommendation.

Disposition

other