BRAVO
v.
IQ DATA INTERNATIONAL, INC.
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The Court adopts the magistrate judge's report and recommendation regarding attorney's fees and costs.
Plaintiff Lucia Bravo sued Defendant IQ Data International, Inc. The defendant sought attorney's fees and costs. A magistrate judge recommended granti…
The full statement of facts, procedural history, and disposition for this case are member content.
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This matter is before the Court on consideration of the report and recommendation of Sean P. Flynn, United States Magistrate Judge, entered on October 24, 2022. (Doc. 100). Judge Flynn recommends that Defendant IQ Data International, Inc.’s supplemental motion for attorney’s fees and costs (Doc. 99) be granted in part and denied in part. Specifically, Judge Flynn recommends that the Court award Defendant IQ Data $45,222.75 in attorney’s fees and $2,737.54 in costs. No objection was 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); 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 Flynn’s report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Flynn’s well-reasoned factual findings and conclusions. Consequently, the supplemental motion for attorney’s fees and costs is granted in part and denied in part.
Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Flynn’s report and recommendation (Doc. 100) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) Defendant IQ Data International, Inc.’s supplemental motion for attorney’s fees and costs (Doc. 99) is hereby GRANTED IN PART and DENIED IN
PART.
(3) The Court finds that Defendant IQ Data International, Inc. is entitled to $45,222.75 in attorney’s fees and $2,737.54 in costs. (4) The Clerk is directed to prepare a judgment in favor of Defendant IQ Data International, Inc., and against Plaintiff Lucia Bravo, that includes the award of attorney’s fees and costs referenced herein. DONE and ORDERED in Chambers, in Tampa, Florida, this 14th day of November, 2022.
* * * * *
TOM BARBER
UNITED STATES DISTRICT JUDGE
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Authorities Cited
- 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)
- Camby v. Davis, 718 F.2d 198 (4th Cir. 1983)