MSC TRADING, S.A.
v.
ANDRES PABLO DELGADO AND SOUTH FLORIDA LUMBER CO.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
MSC Trading sought attorney's fees and costs following a successful litigation against Delgado and South Florida Lumber Co. The district court adopted a magistrate judge's recommendations, awarding $308,495.00 in attorneys' fees and $37,762.06 in non-taxable costs, representing a partial grant of the plaintiff's request.
The court granted plaintiff's motion in part, awarding $308,495.00 in attorneys' fees and $37,762.06 in non-taxable costs, while denying the remainder of the requested fees and costs.
“A district court 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)(C)
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff MSC Trading filed a Motion for Attorney's Fees and Costs on October 24, 2024, seeking $330,077.00 in attorneys' fees and $37,762.15 in non-t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Non-Taxable Costs cases and more on FLexlaw
THIS CAUSE comes before the Court on the Report and Recommendation of Magistrate Edwin G. Torres (the “Report”) [ECF No. 107], and Supplemental Report and Recommendation (the "Supplemental Report”) [ECF No. 113], on Plaintiff's Motion for Attorney's Fees and Costs. [ECF No. 90]. On October 24, 2024, Plaintiff filed a Motion for Attorney's Fees and Costs (the “Motion”) seeking $330,077.00 in attorneys' fees and $37,762.15 in non-taxable costs. [ECF No. 90]. Defendants did not file a response to the Motion. On April 9, 2025, Judge Torres issued his Report recommending the Motion be granted, in part, such that Plaintiff be awarded $308,495.00 in attorneys' fees. [ECF No. 107]. On October 6, 2025, Judge Torres issued his Supplemental Report recommending that Plaintiff also be awarded $37,762.06 in non-taxable costs. [ECF No. 113]. Defendants did not object to the Report or Supplemental Report.
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1)(C). The objected portions of the report and recommendation are accorded de novo review if those objections "pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F. 3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. Case 1:22-cv-20075-DPG Document 114 Entered on FLSD Docket 10/27/2025 Page 2 of 2 P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Given that Defendants have not objected to any portion of the Report or Supplemental Report, the Court reviewed the Report and Supplemental Report for clear error. Finding no clear error, the Court agrees with Judge Torres' well-reasoned analysis and conclusion that the Motion should be granted in part and denied in part.
CONCLUSION
Therefore, it is ORDERED AND ADJUDGED as follows:
(1) The Report and Recommendation, [ECF No. 107], is ADOPTED in full. (2) The Supplemental Report, [ECF No. 113], is ADOPTED in full. (3) Plaintiff's Motion is GRANTED in part and DENIED in part. Plaintiff shall be awarded $308,495.00 in attorneys' fees and awarded $37,762.06 in non-taxable costs.
DONE AND ORDERED in Chambers at Miami, Florida, this 27th day of October 2025.
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United States v. Schultz, 565 F.3d 1353 (11th Cir. 2009)
- Liberty Am. Ins. Grp., Inc. v. Westpoint Underwriters, L.L.C., 2001 WL 1850837 (M.D. Fla. 2001)