United States Eleventh Circuit
Association of Disabled Ams. v. Neptune Designs, Inc., 05-14539
Order granting in part and denying in part plaintiffs' requests for attorney fees and costs, which they claimed as prevailing parties under the Americans with Disabilities Act, is vacated, as the magistrate judge failed to hold an evidentiary hearing to resolve disputed facts material to whether the litigation was unnecessary and the district court abused its discretion in adopting the magistrate's report and recommendation, which recommended reducing the fee award based on that factor.
Appellate Information
- Decided 11/16/2006
- Published 11/16/2006
Judges
- PER CURIAM:, Before EDMONDSON, Chief Judge, and BARKETT and COX, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Rhonda Anne Anderson, Rhonda A. Anderson, P.A., Miami, FL, for Appellants.
- For Appellees:
- Bard Daniel Rockenbach, Burlington & Rockenbach, P.A., West Palm Beach, FL, for Appellees.