Newell v. The Law Offices of Travis R. Walker, P.A. et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 25-cv-14017-MIDDLEBROOKS
LINDSEY NEWELL,
Plaintiff,
V.
THE LAW OFFICES OF TRAVIS
R. WALKER, P.A., et al.
Defendants.
I
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ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE is before the Court upon Plaintiffs Motion for Additional Discovery
Sanctions (DE 80). The Motion was referred to Magistrate Judge Shaniek Mills Maynard. (DE
85). 	On February 13, 2026, Judge Maynard entered a Report and Recommendation ("Report")
(DE 109), recommending that Plaintiffs Motion for Additional Discovery Sanctions be granted in
part and denied in part. No objections to the Report were filed and the deadline to do so has expired.
Upon review of the Report and the record as a whole, I agree with Magistrate Judge
Maynard's recommendations and accordingly, I will grant in part the Plaintiffs Motion for
Additional Discovery Sanctions.
Conclusion
For the following reasons, it is ORDERED AND ADJUDGED that:
1) 	Judge Maynard's Report (DE 109) is ADOPTED.
2) 	Plaintiff's Motion for Additional Discovery Sanctions (DE 80) is GRANTED IN
PART AND DENIED IN PART.
3) 	The following facts will be taken as established:
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a. Defendants do not possess reliable business records documenting the dates, times,
frequency, or manner of their communications with Ms. Newell regarding the alleged
debt.
b. Defendants cannot establish through contemporaneous records that their collection
communications complied with the requirements of the FDCPA or the FCCP A.
4) 	Defendants are precluded from relying on the bona fide error defense as set forth in
their First Affirmative Defense since they 	have not turned over any policies,
procedures, or training manuals.
5) 	Defendants are precluded from introducing any evidence concerning the contents of
the missing client file beyond the documents already produced.
6) 	Defendants are precluded from claiming that they transferred the client file 	in
compliance with all court orders and professional obligations as set forth in their Fifth
Affirmative Defense since they have not produced the entire client file or any transfer
documentation.
7) 	Defendants are precluded from calling Angel Morales or Luke Carpentier as witnesses,
whether at summary judgment, evidentiary hearing, or trial, except upon a showing of
extraordinary circumstances.
8) 	Defendants be jointly and severally required to pay $5,000.00 to Ms. Newell.
2
ALD M. MIDDLEBROOKS
UNITED STATES DISTRICT JUDGE
Case 2:25-cv-14017-DMM Document 116 Entered on FLSD Docket 02/24/2026 Page 2 of 2