Opinion
21-23311-Civ-COOKE/DAMIAN
11-22-2022
VINCENT S. MERCIER, and IRINA MERCIER, Plaintiffs, v. TURNBERRY ISLE SOUTH CONDOMINIUM ASSOCIATION, INC., Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
DARRIN P. GAYLES, UNITED STATES DISTRICT COURT JUDGE
THIS MATTER is before the Court upon the Report and Recommendation (“R&R”) of the Honorable Melissa Damian, U.S. Magistrate Judge (ECF No. 40) regarding Defendant's Motion for Entitlement to Prevailing Party Fees (ECF No. 32). In her R&R, Judge Damian recommends that the Motion be denied on the basis that Defendant is not the prevailing party in this action for purposes of the Fair Housing Act's fee-shifting provision, 42 U.S.C. § 3613(c)(2), because the Court's sua sponte dismissal of this action was not on the merits of Plaintiff's claims. ECF No. 40. The Parties have not filed objections to the R&R, and the time to do so has passed.
The Court has reviewed the R&R and the relevant record and agrees with the reasoning and recommendations set forth therein. Finding no clear error, the Court AFFIRMS and ADOPTS Judge Damian's R&R (ECF No. 40). It is hereby ORDERED and ADJUDGED that Defendant's Motion for Entitlement to Prevailing Party Fees (ECF No. 32) is DENIED.
DONE and ORDERED.
Marcia G. Cooke, U.S. District Judge