Opinion
19-62181-CIV-CANN/Hunt
03-24-2022
WILHELRMS TEDDYS ANDRE,, Plaintiff, v. RYAN T. BIRO,, Defendant.
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS
AILEEN M. CANNON UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court upon the Magistrate Judge's Report and Recommendation regarding Defendant's Motion to Tax Costs (the “Report”) [ECF No. 141], filed on February 18, 2022. Trial in this matter ended with a final judgment in favor of Defendant Ryan T. Biro and against Plaintiff Wilhelrms Teddys Andre [ECF No. 117]. On November 5, 2021, Defendant filed a Motion to Tax Costs (the “Motion”) [ECF No. 122], seeking $5,560.63 in taxable costs. Plaintiff filed a Response in Opposition to the Motion [ECF No. 127], and Defendant filed a Reply [ECF No. 129]. Pursuant to the Court's Order of Referral [ECF No. 125], Magistrate Judge Patrick M. Hunt considered the Motion and issued the Report [ECF No. 141], recommending that the Motion be granted in part and that Defendant be allowed to recover $3,515.05 from Plaintiff.
The Report states that the parties shall file any objections within fourteen days of being served with a copy of the Report [ECF No. 141 p. 9]. Neither party did so. Upon review, the Court finds the Report to be well reasoned and correct. The Court therefore agrees with the analysis in the Report and concludes that the Motion for Attorneys' Fees should be GRANTED IN PART AND DENIED IN PART for the reasons set forth therein.
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation [ECF No. 141] is ACCEPTED.
2. Defendant's Motion for Attorney's Fees [ECF No. 122] is GRANTED IN PART AND DENIED IN PART.
3. Defendant is entitled to recover the following costs, for a total award of $3,515.05:
a. Service of Process fees in the amount of $210.
b. Court Reporter and Transcript Fees in the amount of $3,298.05.
c. Fees for Copies of Records in the amount of $7.
DONE AND ORDERED.