govinfo:USCOURTS-flsd-9_17-cv-80732-8

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
Case No. 17-80732-CIV-KAM 
 
RA VI KADIYALA, individually, and as the 
Assignee of CREDIT UNION MORTGAGE 
UTILITY BANC, INC., an Illinois corporation, 
 
Plaintiff, 
 
v. 
 
MARK JOHN PUPKE, MARIE MOLLY 
PUPKE, 
 
Defendants. 
_______________________________________/ 
 
MARK JOHN PUPKE and 
MARIE MOLLY PUPKE, 
 
Counterclaim Plaintiffs, 
 
v. 
 
RA VI KADIYALA, individually, and as the 
Assignee of CREDIT UNION MORTGAGE 
UTILITY BANC, INC. an Illinois corporation, 
 
Counterclaim Defendant. 
 
_______________________________________/ 
 
ORDER 
THIS CAUSE comes before the Court upon Plaintiff’s Renewed Verified Motion for 
Attorney’s Fees and Non-Taxable Expenses and Costs (DE 316).   
THIS MATTER was referred to the Honorable William Matthewman, United States 
Magistrate Judge, Southern District of Florida. A Report and Recommendation, dated 
Case 9:17-cv-80732-DPG   Document 347   Entered on FLSD Docket 08/30/2024   Page 1 of 3
 
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August 15, 2024, has been filed, recommending that the district court award Plaintiff attorneys’ 
fees in the amount of $484,623.95 and non-taxable costs in the amount of $13,539.40, for a total 
award of $498,163.35 against Defendant Mark Pupke.  
 The Court has conducted a de novo review of the entire file, the record herein and the 
objections filed by Defendant Mark Pupke.1 The Court overrules Mr. Pupke’s objections.  The 
objections attack the underlying judgment which has been affirmed on appeal. See Kadiyala v. 
Pupke, No. 22-10211, 2024 WL 33910 (11th Cir. Jan. 3, 2024).  As such, it is now the law of the 
case and the Court is not free to alter or amend the judgment, especially on a motion for 
attorneys’ fees and costs. Alphamed, Inc. v. B. Braun Medical, Inc., 367 F.3d 1280, 1285 (11th 
Cir. 2004) (“Under the law of the case doctrine, both district courts and appellate courts are 
generally bound by a prior appellate decision in the same case.”); Litman v. Mass. Mut. Life Ins. 
Co., 825 F.2d 1506, 1511 (11th Cir.1987) (“The law of the case doctrine, self-imposed by the 
courts, operates to create efficiency, finality and obedience within the judicial system.”).   
Accordingly, it is hereby ORDERED AND ADJUDGED that: 
1) The Report is AFFIRMED. 
2) Plaintiff’s Renewed Verified Motion for Attorney’s Fees and Non-Taxable 
 Expenses and Costs (DE 316) is GRANTED IN PART AND DENIED IN PART in the 
 total amount of $498,163.35.  
  
 
1 The Court construes Defendant Mark Pupke’s motion for reconsideration (DE 346) as objections to the Report and 
Recommendation.  
Case 9:17-cv-80732-DPG   Document 347   Entered on FLSD Docket 08/30/2024   Page 2 of 3
 
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3) The Court will separately issue Judgment. 
DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, 
Florida, this 30th day of August, 2024. 
 
KENNETH A. MARRA 
United States District Judge 
       
 
 
 
 
Case 9:17-cv-80732-DPG   Document 347   Entered on FLSD Docket 08/30/2024   Page 3 of 3

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