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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 22-cv-22343

JORGE MONTEAGUDO ALBURQUERQUE

Plaintiff,

v.

THE DE MOYA GROUP, INC.,

a Florida Profit Corporation,

Defendant.

____________________________________/

DEFENDANT, THE DE MOYA GROUP INC.’ S JOINDER IN PLAINTIFF’S 

UNOPPOSED MOTION TO ABATE OR STAY ADJUDICATION OF DEFENDANT’S 

VERIFIED MOTION FOR ATTORNEYS’ FEES AND SANCTIONS

Defendant, The De Moya Group, Inc. (“De Moya”) hereby joins Plaintiff’s Unopposed Motion 

to Abate or Stay Adjudication of Defendant’s Verified Motion for Attorneys’ Fees and Sanctions

(ECF No. 124), and requests that the Court also abate or stay adjudication of Defendant’s Motion 

to Tax Costs (ECF No. 114).

1. On November 2, 2023, Plaintiff’s counsel sent the undersigned an email conferral 

stating she intended to file a motion seeking to defer a ruling on De Moya’s Motion for Attorneys’ 

Fees and Sanctions until after the Court has reached a disposition on De Moya’s pending Rule 11 

Motion. See conferral attached as Ex. 1.

2. Counsel for De Moya replied that same afternoon indicating there was no objection 

to deferral and that we would also like to defer the Motion to Tax Costs until the Court rules upon 

De Moya’s Rule 11 Motion. However, Plaintiff’s Motion and corresponding proposed order (ECF 

No. 124 and 124_1) only address deferral of De Moya’s Motion for Attorneys’ Fees and Sanctions.

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3. Accordingly, De Moya requests that the Court defer both – the Motion for 

Attorneys’ Fees and Sanctions, and the Motion to Tax Costs, until after a ruling is issued on the 

pending Rule 11 Motion.

MEMORANDUM OF LAW

District courts are vested with broad discretion to stay proceedings and authority is incidental 

to their inherent powers to control their dockets. N. Ill. Gas Co. v. USIC, LLC, No. 21-13377, 2023 

U.S. App. LEXIS 9134, at *31 n.11 (11th Cir. Apr. 18, 2023) (citing Clinton v. Jones, 520 U.S. 

681, 706, 117 S. Ct. 1636, 137 L. Ed. 2d 945 (1997). There is no “particular need” to address the 

issues of attorneys’ fees or the taxing of costs piecemeal in this case. See Yuken Corp. v. Gedcore 

LLC, No. 22-20661-CIV-ALTONAGA/Torres, 2022 U.S. Dist. LEXIS 154702, at *23 (S.D. Fla. 

June 21, 2022); Squitieri v. Nocco, No. 8:19-cv-906-T-36AAS, 2020 U.S. Dist. LEXIS 268282, at 

*8 (M.D. Fla. June 19, 2020) (deferring supplemental Rule 11 motion for attorneys’ fees and costs

pending the conclusion of this action). Therefore, the determination of the Motion for Attorneys’ 

Fees and Sanctions, as well as the Motion to Tax Costs should be deferred. Id. In addition to the 

pending Rule 11 Motion, the Court’s Orders granting De Moya’s motion for summary judgment 

and denying Plaintiff’s motion for reconsideration are currently on appeal. As a result, De Moya 

continues to incur attorneys’ fees and costs in defending this action and thus, the motions for fees 

and costs will likely be supplemented to reflect the additional amounts incurred since the motions 

were filed. See Gray v. Novell, Inc., No. 8:06-CV-1950-T-33TGW, 2010 U.S. Dist. LEXIS 63968, 

at *43 (M.D. Fla. Feb. 22, 2010). (deferring determination of the amount of attorneys’ fees and 

costs until after the resolution of the appeal “to conserve the resources of the judiciary and the 

parties”).

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Based on the foregoing, De Moya respectfully requests that the Court defer issuing a ruling on 

the Motion for Attorneys’ Fees and Sanctions, as well as the Motion to Tax Costs, and award all 

other relief the Court deems just and proper. 

Dated: November 8, 2023 Respectfully submitted,

By: /s/ Chanelle Artiles

Reginald J. Clyne, Esq.

Florida Bar No.: 654302

Chanelle Artiles, Esq.

Florida Bar No.: 1006402

Andres F. Vidales, Esq. 

Florida Bar No.: 1041185

QUINTAIROS, PRIETO, WOOD & 

BOYER, P.A.

Attorneys for Defendant, The De Moya 

Group, Inc.

9300 S. Dadeland Blvd., 4th Floor

Miami, FL 33156

Tel: (305) 670-1101

Fax: (305) 670-1161

Email: rclyne.pleadings@qpwblaw.com

reginald.clyne@qpwblaw.com

chanelle.artiles@qpwblaw.com

andres.vidales@qpwblaw.com

cecilia.quevedo@qpwblaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on November 8, 2023, the foregoing was electronically filed 

with the Clerk of Court via CM/ECF system, which will send a notice of electronic filing to the 

counsel of record on the service list below.

/s/ Chanelle Artiles

Nathaly Saavedra, Esq.

Juan J. Perez, Esq.

Peregonza The Attorneys, PLLC

5201 Blue Lagoon Dr., Suite 290

Miami, FL 33126

Tel. 786-650-0202 / Fax: 786-650-0200

nathaly@peregonza.com

juan@peregonza.com

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