Summary
noting "there is a strong presumption that the lodestar is a reasonable fee," citing Bivins v. Wrap It Up. Inc., 548 F.3d 1348, 1350 (11th Cir. 2008)
Summary of this case from Regions Bank v. Sompalli Holdings, LLCOpinion
Case No. 8:14-cv-1527-T-33TGW
06-11-2018
APPLE GLEN INVESTORS, L.P., Plaintiff, v. EXPRESS SCRIPTS, INC., Defendant.
ORDER
This matter is before the Court on consideration of United States Magistrate Judge Thomas G. Wilson's Report and Recommendation (Doc. # 147), filed on May 25, 2018, recommending that Plaintiff's Corrected Amended Final Motion for Attorneys' Fees, Costs, and Prejudgment Interest (Doc. # 135) be granted.
As of this date, there are no objections to the report and recommendation, and the time for the parties to file such objections has elapsed. Analysis
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993).
After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the magistrate judge and the recommendation of the magistrate judge.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 147) is ACCEPTED and ADOPTED. (2) Plaintiff's Corrected Amended Final Motion for Attorneys' Fees, Costs, and Prejudgment Interest (Doc. # 135) is GRANTED to the extent that Plaintiff is awarded $921,501.00 in attorneys' fees, $39,783.12 in costs, and prejudgment interest accruing at a rate of 18 percent as specified in the Report and Recommendation.
DONE and ORDERED in Chambers in Tampa, Florida, this 11th day of June, 2018.
/s/_________
VIRGINIA M. HERNANDEZ COVINGTON
UNITED STATES DISTRICT JUDGE