Summary
holding that dismissal of plaintiff's claims moots Rule 41(d) motion for costs because "the ultimate sanction under Rule 41(d) is dismissal of the lawsuit if costs are awarded, but not paid"
Summary of this case from Moore v. Stadium Mgmt. Co.Opinion
Case No. 6:05-cv-1767-Orl-22KRS.
May 15, 2006
ORDER
This cause is before the Court on Rollins's Motion for Costs and Attorney's Fees Pursuant to Federal Rule of Civil Procedure 41(d) (Doc. No. 14), and on Rollins's Motion for Entitlement to Attorney's Fees (Doc. No. 19).
The United States Magistrate Judge has submitted a Report recommending that the Motions be denied.
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 April 24, 2006 (Doc. No. 20) is ADOPTED and CONFIRMED and made a part of this Order.
2. Rollins's Motion for Costs and Attorney's Fees Pursuant to Federal Rule of Civil Procedure 41(d) (Doc. No. 14) is DENIED.
3. Rollins's Motion for Entitlement to Attorney's Fees (Doc. No. 19) is DENIED. DONE and ORDERED.