OLSON
v.
TAKEDA PHARMACEUTICALS AMERICA, INC.
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In this District Court order from the M.D. Florida, the court adopted a magistrate judge's report and recommendation granting Takeda Pharmaceuticals America, Inc.'s motion to determine entitlement to attorney's fees and expenses. The decision addresses the procedural framework for reviewing magistrate judge recommendations and confirms that defendant is entitled to recover attorney's fees.
The District Court adopted the magistrate judge's report and recommendation in full, granting Defendant's motion to determine entitlement to attorney's fees and expenses. The court directed Defendant to file a subsequent motion to determine the specific amount of attorney's fees and costs within the prescribed time frame.
[1] A district court must conduct a de novo determination of portions of a magistrate judge's report and recommendation to which an objection is made.
[2] When no objection is filed to a magistrate judge's report and recommendation, a district court reviews the report for clear error.
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Join FLexlaw to unlock all legal intelligence“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.”
Establishes the standard of review for district court consideration of magistrate judge recommendations under 28 U.S.C. § 636(b)(1).
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This matter is before the Court on consideration of the report and recommendation of Christopher P. Tuite, United States Magistrate Judge, entered on July 1, 2025. (Doc. 107). Judge Tuite recommends that Defendant Takeda Pharmaceuticals America, Inc.'s "Motion to Determine Entitlement to Attorney's Fees and Expenses” (Doc. 84) be granted. No objection to the report and recommendation has been filed, and the time to object 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); Camby v. Davis, 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). A district court must “make a de novo determination of those portions of the [report and recommendation] to which an objection is made.” 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006); Nettles v. Wainwright, 677 F. 2d 404, 409 (5th Cir. 1982).
Upon due consideration of the record, including Judge Tuite's well-reasoned report and recommendation, the Court adopts the report and recommendation in full. The motion to determine entitlement to attorney's fees is granted.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1) Judge Tuite's report and recommendation (Doc. 107) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.
(2) "Defendant's Motion to Determine Entitlement to Attorney's Fees and Expenses" (Doc. 84) is GRANTED.
(3) Defendant is directed to file a motion to determine the amount of attorney's fees and costs within the time prescribed by Local Rule 7.01(c).
DONE and ORDERED in Chambers, in Tampa, Florida, this 18th day of July, 2025.
The.Bl
TOM BARBER
UNITED STATES DISTRICT JUDGE
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- Ennis Nettles v. Louie L. Wainwright, 677 F.2d 404 (5th Cir. 1982)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)