Opinion
20-21592-CIV-GAYLES/OTAZO-REYES
07-14-2021
ALEXANDER RAMIREZ, Plaintiff, v. SUPERSONIC OF FLORIDA, INC. JUAN C. GONZALEZ, et al., Defendants.
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court on Plaintiff Alexander Ramirez's Bill of Costs [ECF No. 26] and Verified Motion for Attorney's Fees [ECF No. 29] (collectively, the “Motions”). The Motions were referred to Magistrate Judge Otazo-Reyes pursuant to 28 U.S.C. § 636. [ECF No. 40]. On June 7, 2021, Judge Otazo-Reyes issued her report recommending that the Court grant the Motions in part (the “Report”). [ECF No. 40]. No. party has timely objected to the Report.
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F.Supp.2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 Fed.Appx. 781, 784 (11th Cir. 2006).
The Court has reviewed the record and finds no clear error with Judge Otazo-Reyes's well-reasoned analysis and conclusion that the Motions should be granted in part. Accordingly, after careful consideration, it is ORDERED AND ADJUDGED as follows:
(1) The Report [ECF No. 40] is AFFIRMED AND ADOPTED and incorporated into this Order by reference;
(2) Plaintiff Alexander Ramirez's Bill of Costs [ECF No. 26] and Verified Motion for Attorney's Fees [ECF No. 29] are GRANTED in PART;
(3) Plaintiff shall be awarded $5, 960.00 in attorney's fees plus $40.50 in costs for a total award of $6000.50, for which Defendants shall be jointly and severally liable. For that sum, execution shall issue.
On June 16, 2021, Defendant Juan C. Gonzalez filed a Suggestion of Bankruptcy Proceeding, [ECF No. 43], and on June 17, 2021, Magistrate Judge Otazo-Reyes stayed the case as to Defendant Gonzalez only, [ECF No. 44]. That stay remains in effect.
DONE AND ORDERED