James L. Shelton and Virginia L. Shelton, plaintiffs, v. Dwight C. Schar

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
James L. Shelton and Virginia L. Shelton, husband, 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

JAMES L. SHELTON and VIRGINIA L. SHELTON

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Case 5:17-cv-00086-PGB-PRL Document 268 Filed 09/07/18 Page 2 of 2 PageID 5901

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.

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