GUERRERO
v.
BP EXPLORATION & PRODUCTION, INC.

M.D. Fla. | 2025-01-07
2025 FFL 324 District Court, M.D. Florida (2025)

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Synopsis

The District Court adopted a Magistrate Judge's Report and Recommendation regarding defendants' motion to tax costs in a case between Guerrero and BP Exploration & Production, Inc. The court granted the motion in part, directing the clerk to tax costs in the amount of $23,845.70 against the plaintiff.


Holding

The Court adopted the Magistrate Judge's Report and Recommendation, granting the defendants' motion to tax costs in part and denying it in part. The Clerk was directed to enter judgment for costs of $23,845.70 against the plaintiff.


Headnotes

[1] A district court must conduct a de novo review of any portion of a magistrate judge's report and recommendation to which a timely objection is made.

[2] A district court reviews legal conclusions de novo, even in the absence of a specific objection to a magistrate judge's report.

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Key Quotes

“After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge's Report and Recommendation.”

Establishes the standard of review for magistrate judge recommendations under 28 U.S.C. § 636(b)(1)

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Facts & Procedural History

This is a civil case (No. 8:20-cv-263) between plaintiff Guerrero and defendants BP Exploration & Production Inc. and BP America Production Company. T…

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Opinion of the Court

and BP AMERICA PRODUCTION COMPANY, Defendants.

ORDER

The United States Magistrate Judge recommends granting in part and denying in part the defendants' motion to tax costs and directing the Clerk to tax costs in the amount of $23,845.70. (Doc. 228). The deadline to object to the Magistrate Judge's Report and Recommendation has passed without any party lodging an objection. Considering the record, the Court adopts the Report and Recommendation.

After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge's Report and Recommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and specific objection to a finding of fact by a magistrate judge, the district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary, 952 F. 2d 1567, 1576 (11th Cir.

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1992). The district court reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994); Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019).

In the absence of any objection and after reviewing the factual allegations and legal conclusions, I adopt the Report and Recommendation. Accordingly, it is ORDERED:

1. The Magistrate Judge's Report and Recommendation (Doc. 228) is ADOPTED and made a part of this Order for all purposes.

2. The Defendants' Motion to Tax Costs (Doc. 224) is GRANTED in part and DENIED in part.

3. The Clerk is directed to enter for the defendants and against the plaintiff a judgment for costs of $23,845.70.

ORDERED in Tampa, Florida, on January 7, 2025.

Kathryn Kimball Mizelle United States District Judge

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