SCHALAMAR CREEK MOBILE HOMEOWNER'S ASSOCIATION, INC.
v.
ADLER

M.D. Fla. | 2022-09-26
No. 8:19-cv-291
District Court, M.D. Florida (2022)

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Holding

The court adopted the magistrate judge's report and recommendation, granting defendants' motion for attorney's fees and costs.


Facts & Procedural History

Plaintiffs objected to a magistrate judge's report and recommendation that granted defendants' motion for attorney's fees and costs. The magistrate ju…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court

This matter is before the Court on consideration of the report and recommendation of Anthony E. Porcelli, United States Magistrate Judge, entered on August 11, 2022. (Doc. 187). Judge Porcelli recommends that Defendants’ “Supplemental Motion for Attorneys’ Fees and Costs” (Doc. 185) be granted to the extent that Defendants are awarded $356,888.48 in attorney’s fees and $9,365.20 in costs. On September 8, 2022, Plaintiffs filed an objection. (Doc. 202). 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); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). 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. S. 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). Upon due consideration of the record, including Judge Porcelli’s report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Porcelli’s well-reasoned factual findings and conclusions, and the objections do not provide a basis for overruling the report and recommendation. Consequently, Consequently, Defendants’ motions for sanctions are denied. Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Porcelli’s report and recommendation (Doc. 187) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.

(2) Defendants’ “Supplemental Motion for Attorney’s Fees and Costs” (Doc. 185) is granted to the extent that Defendants are awarded attorney’s fees in the amount of $356,888.48 and costs in the amount of $9,365.20. (3) The Clerk is directed to prepare an amended judgment that includes the award of attorney’s fees and costs, as set forth herein. DONE and ORDERED in Chambers, in Tampa, Florida, this 26th day of September, 2022.

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TOM BARBER

UNITED STATES DISTRICT JUDGE


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