Opinion
Case No: 2:16-cv-214-FtM-38MRM
02-22-2018
PATRICIA KENNEDY, individually Plaintiff, v. THREE J'S L.L.P., T.T. KWAN, INC. and LJ FT. MEYERS LLC, Defendants.
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This matter comes before the Court on United States Magistrate Judge Mac R. McCoy's Report and Recommendation. (Doc. 63). Judge McCoy recommends that Plaintiff's Verified Motion for Attorney's Fees, Costs, Expert Witness Fees, and Litigation Expenses (Doc. 59) be granted in part and denied in part. The parties have not objected to the Report and Recommendation, and the time to do so has elapsed. This matter is ripe for review.
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. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). 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. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After conducting an independent examination of the file and on consideration of Judge McCoy's findings and recommendation, the Court accepts the Report and Recommendation.
Accordingly, it is now ORDERED:
(1) The Report and Recommendation (Doc. 63) is ACCEPTED and ADOPTED and the findings incorporated herein.
(2) Plaintiff Patricia Kennedy's Verified Motion for Attorney's Fees, Costs, Expert Witness Fees, and Litigation Expenses (Doc. 59) is GRANTED in part and DENIED in part.
(3) Plaintiff is awarded:
a. Attorney's fees totaling $20,010.00,
b. Paralegal fees totaling $399.00, and
c. Expert fees, costs, and litigation expenses totaling $3,210.00.
(4) The Clerk of Court is DIRECTED to file an Amended Judgment that includes the amounts above and close the file.
DONE and ORDERED in Fort Myers, Florida this 22nd day of February, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record