Opinion
CASE NO. 09-61976-CIV-DIMITROULEAS.
August 11, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE is before the Court upon the Plaintiff's Motion for Attorney's Fees [DE 11-2], filed on January 27, 2010, the Defendant's Motion to Dismiss Plaintiff's Motion for Attorney's Fees [DE 21], and the Report and Recommendation [DE 26] of Magistrate Judge Lurana S. Snow, filed on July 13, 2010. Like the Magistrate Judge, we construe Defendant's Motion to Dismiss Plaintiff's Motion for Attorney's Fees as a response to Plaintiff's Motion for Attorney's Fees and Plaintiff's Response in Opposition to Defendant's Motion to Dismiss Plaintiff's Motion for Attorney's Fees [DE 22] as a reply memorandum. As no timely objections were filed, the Magistrate Judge's factual findings in the Report are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993).
Although no timely objections were filed, the Court has conducted a de novo review of the Report and record and is otherwise fully advised in the premises. We agree with the Magistrate Judge that the Motion for Attorney's Fees should be granted, and that Defendant's Motion to Dismiss Plaintiff's Motion for Attorney's Fees should be denied as moot.
Accordingly, it is ORDERED AND ADJUDGED as follows:
ADOPTED; DENIED as moot;
1. The Magistrate Judge's Report and Recommendation [DE 26] is hereby 2. Defendant's Motion to Dismiss Plaintiff's Motion for Attorney's Fees [DE 21] is hereby 3. Plaintiff United States of America shall recover from the Defendant Richard Hill the amount of $1,040.00 in attorney's fees as set forth in the Report and Recommendation [DE 26]. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida.