Opinion
Case No: 2:14-cv-574-FtM-38CM
04-27-2015
ROBERT TAMBURRI, Plaintiff, v. EVEREST ASSET MANAGEMENT, LLC, Defendant.
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This matter comes before the Court on the Report and Recommendation of United States Magistrate Judge Carol Mirando (Doc. #19) filed on April 9, 2015, recommending that the Motion for Attorney's Fees and Costs (Doc. #15) be granted. No objections have been filed and the time to do so has expired.
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); U.S. v. Lee County, Fla., 2012 WL 1714775, *1 (M.D.Fla. May 14, 2012) (citing Williams v. Wainwright, 681 F.2d 732 (11th Cir.1982), cert. denied, 459 U.S. 1112, 103 S. Ct. 744, 74 L.Ed.2d 964 (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. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir.1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D.Fla.1993), aff'd, 28 F.3d 116 (11th Cir.1994) (Table).
Plaintiff was awarded a default judgment on March 13, 2015. As the prevailing party, the Plaintiff moved for attorney's fees and costs. The Plaintiff requested $1,670.00 in attorney's fees and $617.60 in costs of which only $450.00 were taxable under 28 U.S.C. § 1920. The Magistrate Judge found that the $1,670.00 in attorney's fees and $450.00 in costs were reasonable. After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the Magistrate Judge.
Accordingly, it is now ORDERED:
The Report and Recommendation of United States Magistrate Judge Carol Mirando (Doc. #19) is ACCEPTED and ADOPTED.
• The Plaintiff's Motion for Attorney's Fees and Costs (Doc. #15) is GRANTED in the amount of $1,670.00 in attorney's fees and $450.00 in costs.
• The Clerk of the Court shall file an Amended Judgment which includes the amount for attorney's fees and costs and close the file.
DONE and ORDERED in Fort Myers, Florida this 27th day of April, 2015.
/s/_________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record