JAMES L. SHELTON and VIRGINIA L. SHELTON, Plaintiffs, v. DWIGHT C. SCHAR

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Case 5:17-cv-00086-PGB-PRL Document 268 Filed 09/07/18 Page 1 of 2 PageID 5900

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION


JAMES L. SHELTON and VIRGINIA L.

SHELTON,

Plaintiffs,

v. Case No: 5:17-cv-86-Oc-40PRL


DWIGHT C. SCHAR, PAUL E.

SIMONSON, DCS INVESTMENTS

HOLDINGS GP, LLC, DCS REAL

ESTATE INVESTMENTS, LLC, DCS

REAL ESTATE INVESTMENTS I, LLC,

DCS REAL ESTATE INVESTMENTS II,

LLC, DCS REAL ESTATE

INVESTMENTS III, LLC, DCS REAL

ESTATE INVESTMENTS IV, LLC, DCS

REAL ESTATE INVESTMENTS IV-A,

LLC, DCS REAL ESTATE

INVESTMENTS V, LLC, BELLA

COLLINA PROPERTY OWNERS

ASSOC., INC., DAVID BURMAN,

AEGIS COMMUNITY MANAGEMENT

SOLUTIONS, INC., RANDALL F.

GREENE, KEITH CLARKE, PAUL

LEBREUX, RICHARD C. ARRIGHI,

JAMES D. RYAN, MICHAEL J. RYAN,

THE RYAN LAW GROUP, LLC,

CULLEN D’AMBROSIO, ROCKING

RED H, LLC, RICKY L. SCHARICH and

BELLA COLLINA TOWERS, LLC,

Defendants.

___________________________________/

ORDER

This cause is before the Court following review of the Declaration of Michael D. Crosbie Regarding Revised Assessment of Attorney Fees Incurred (Doc. 233), filed May

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7, 2018. The United States Magistrate Judge has submitted a report recommending that the DCS Defendants’ revised assessment of its attorney’s fees 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. The Report and Recommendation filed August 23, 2018 (Doc. 259), is ADOPTED and CONFIRMED and made a part of this Order.

  1. The Revised Assessment of Attorney Fees (Doc. 233) is GRANTED.

  2. The Clerk is DIRECTED to enter judgment in favor of the DCS Defendants and against Brad Heckenberg in the amount of $26,910.39, and against Lana Heckenberg in the amount of $26,910.39.

DONE AND ORDERED in Orlando, Florida on September 7, 2018.


PAUL G. BYRON

UNITED STATES DISTRICT JUDGE


Copies furnished to:

Counsel of Record

Unrepresented Parties

________________________________

Richard C. Arrighi; Bella Collina Towers, LLC; The Club at Bella Collina, LLC; DCS Investments Holdings GP, LLC; DCS Real Estate Investments I, LLC; DCS Real Estate Investments II, LLC; DCS Real Estate Investments III, LLC; DCS Real Estate Investments IV, LLC; DCS Real Estate Investments IV-A, LLC; DCS Real Estate Investments V, LLC; DCS Real Estate Investments, LLC; Rocking Red H, LLC; Dwight C. Schar; Ricky L. Scharich; and Paul E. Simonson.