RZEPKOSKI
v.
NOVA SOUTHEASTERN UNIVERSITY, INC.
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The district court adopted the magistrate judge's recommendation and approved plaintiff's motion for attorney fees and costs in a class action settlement matter. The court awarded plaintiff's counsel $500,000 in attorney fees (33.3% of the settlement fund) and $8,051.35 in litigation costs.
The court approved the award of $500,000 in attorney fees (representing 33.3% of the settlement fund) and $8,051.35 in litigation costs to plaintiff's counsel.
[1] A court may adopt and approve a Magistrate Judge's Report and Recommendation when the parties file a joint notice of non-objection.
[2] Attorneys' fees awarded in a class action settlement may be calculated as a percentage of the settlement fund.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the Magistrate Judge's findings in the Report [DE 109] are hereby adopted and deemed incorporated into this opinion”
Establishes the standard for adopting a magistrate judge's recommendation when parties do not object
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Join FLexlaw to unlock all legal intelligenceThe case involved a class action on behalf of the Nova University Defined Contribution Plan participants and beneficiaries against the Town of Palm Be…
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on behalf of the Nova University Defined Contribution Plan individually and as a representative of a class of participants and beneficiaries,
Plaintiff,
vs.
TOWN OF PALM BEACH SHORES,
Defendant. ___________________________________/
ORDER ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE is before the Court upon Plaintiffs Motion for Attorney Fees and Costs [DE 102] filed on January 21, 2025, and the May 28, 2025, Report and Recommendation of Magistrate Judge Hunt, entered on May 28, 2025. [DE 109]. The Court notes that Judge Hunt recommends the approval of Plaintiff’s Motion in full. [DE 109]. The Parties have filed a joint notice of non-objection in the record [DE 110]. Accordingly, the Magistrate Judge’s findings in the Report [DE 109] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F. 2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993). Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. Magistrate Judge Hunt’s Report and Recommendation. [DE 109] is ADOPTED and
APPROVED.
2. Plaintiff’s Motion [DE 102] is GRANTED as follows: a. Plaintiffs’ counsel is awarded attorneys’ fees in the amount of $500,000, which is equal to 33.3% percent of the Settlement Fund. b. Plaintiffs’ counsel is awarded litigation costs totaling $8,051.35.
3. This case remains closed.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 3rd day of June 2025.
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VILLIAM P. DIMITROULEAS
United States District Judge
Copies furnished to: Counsel of record Magistrate Judge Reinhart
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- LoCONTE v. Dugger, 847 F.2d 745 (11th Cir. 1988)
- Resolution Tr. Corp. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993)
- LoConte v. Dugger, 488 U.S. 958 (U.S. 1988)