Opinion
1:18-cv-21768-GAYLES/OTAZO-REYES
04-27-2022
SARABETH WITBAR, Plaintiff, v. MANDARA SPA (HAWAII), LLC, Defendant.
ORDER
DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court on Magistrate Judge Alicia M. Otazo-Reyes's Report and Recommendation (the “Report”) [ECF No. 276] regarding Defendant Mandara Spa (Hawaii), LLC's Motion for Entry of Cost Judgment (the “Motion”) [ECF No. 272]. On August 14, 2020, the Court entered a Final Judgment in favor of Defendant and against Plaintiff Sarabeth Witbar. [ECF No. 231]. On August 26, 2020, Defendant filed its Motion to Tax Costs. [ECF No. 232]. On September 11, 2020, Plaintiff appealed the Final Judgment. [ECF No. 237]. On March 18, 2021, the Court granted in part Defendant's Motion to Tax Costs, finding that Defendant was entitled to costs as the prevailing party. [ECF No. 266]. However, the Court deferred ruling on the amount of costs until the appeal was resolved. Id. On October 27, 2021, the United States Court of Appeals for the Eleventh Circuit affirmed this Court's Final Judgment. [ECF No. 268]. On November 24, 2021, Defendant filed its Motion seeking a cost judgment in the amount o $103, 855.24. [ECF No. 272]. On December 2, 2021, the Court referred the Motion to Judge Otazo-Reyes, pursuant to 28 U.S.C. § 636(b)(1)(B), for a report and recommendation. [ECF No. 274].
On April 12, 2022, Judge Otazo-Reyes issued her Report recommending that the Motion be granted in part and denied in part and that Defendant be awarded $12, 679.20 in taxable costs as the prevailing party in this action. No objections were timely filed.
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 objections are 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 objections are 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).
Having reviewed the Report for clear error, the Court agrees with Judge Otazo-Reyes's well-reasoned analysis and conclusion that the Motion be granted in part and denied in part and that Defendant be awarded $12, 679.20 in taxable costs as the prevailing party in this action.
Accordingly, it is ORDERED AND AJUDGED as follows:
1. Magistrate Judge Alicia M. Otazo-Reyes's Report and Recommendation, [ECF No. 276], is AFFIRMED AND ADOPTED and incorporated into this Order by reference.
2. Defendant Mandara Spa (Hawaii), LLC's Motion for Entry of Cost Judgment, [ECF No. 272], is GRANTED in part and DENIED in part. Defendant shall be awarded $12, 679.20 in taxable costs as the prevailing party in this action, for which sum let execution issue. That amount consists of:
a. Fees for process server in the amount of $1, 495.00.
b. Fees for printed or electronically record transcripts in the amount of $10, 704.20.
c. Fees for witnesses in the amount of $480.00.
DONE AND ORDERED in Chambers at Miami, Florida, this 27th day of April, 2022.