Case 1:14-cv-23193-UU Document 269 Entered on FLSD Docket 04/25/2016 Page 1 of 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 1:14-cv-23193-UU QUANTUM CAPITAL, LLC, Plaintiff, v. BANCO DE LOS TRABAJADORES et al., Defendants. / ORDER ON MOTIONS FOR CLARIFICATION THIS CAUSE is before the Court upon Plaintiff’s Motion for Ruling on Two Issues Which Remain Pending in Connection with the Court’s Order Adopting Magistrate Judge’s Report, D.E. 267, and Defendant’s Motion for Clarification Order Adopting Magistrate Judge’s Report, D.E. 268, which were both filed on April 21, 2016. THE COURT has considered the Motions, the pertinent portions of the record, and is otherwise fully advised in the premises. On April 20, 2016, the Court issued an Order Adopting Magistrate Judge’s Report, thereby imposing sanctions on Defendants, jointly and severally, in the amount of $161,911.98. D.E. 266. However, the Magistrate Judge’s Report reserved ruling on whether the deterrence portion of the sanctions, which amounts to $75,136.13 should be paid directly to Plaintiff or, instead, to a charitable organization. Because the Court did not address this issue in its April 20th Order, Plaintiff and Defendants now separately move the Court for clarification. Specifically, Plaintiff moves for an order requiring Defendants to pay the entirety of sanctions imposed directly to Plaintiff within twenty (20) days. Defendants move for an order permitting
Case 1:14-cv-23193-UU Document 269 Entered on FLSD Docket 04/25/2016 Page 2 of 2
Defendants to pay the compensatory portion of the sanctions to Plaintiff, but then pay the deterrence sanctions, which amount to $75,136.13, to a charitable organization. The Court concludes that the entirety of the sanctions, in the amount of $161,911.98, should be paid directly to Plaintiff and that Defendants should be ordered to do so within twenty (20) days. The Court has already found that Defendants acted in bad faith by making false representations to both Plaintiff and the Court, and that Defendants’ actions caused significant delays and resulted in not only Plaintiff, but also this Court, wasting resources. D.E. 206. Under these circumstances, the entire monetary penalty should be promptly paid to Plaintiff. See, e.g., Barnes v. Dalton, 158 F.3d 1212, 1214 (11th Cir. 1998) (“Where, as here, the district court fashions a sanction which is a direct response to the harm that the bad faith conduct of the attorney causes, it is clearly acting within its discretion.”). Accordingly, it is ORDERED AND ADJUDGED that Plaintiff’s Motion, D.E. 267, is GRANTED. Defendants SHALL pay $161,911.98 to Plaintiff no later than Thursday, May 12, 2016. As set forth in the Court’s April 20, 2016 Order, Defendants are jointly and severally liable for payment in such amount. It is further ORDERED AND ADJUDGED that Defendants’ Motion, D.E. 268, is DENIED. DONE AND ORDERED in Chambers at Miami, Florida, this 21st__ day of April, 2016. _______________________________ URSULA UNGARO UNITED STATES DISTRICT JUDGE copies provided: counsel of record