MARTIN-VIANA
v.
ROYAL CARIBBEAN CRUISES, LTD.
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.
The District Court for the Southern District of Florida considered plaintiff's motion for a bill of costs following litigation against Royal Caribbean Cruises, Ltd. The court adopted the magistrate judge's report and recommendation, granting the motion in part and denying it in part, ultimately awarding $44,981.56 in taxable costs.
The court granted plaintiff's motion for bill of costs in part and denied it in part. The court awarded $44,981.56 in total taxable costs under section 1920 but denied the $605.80 in PACER costs that could not be characterized as either copying costs under section 1920(4) or docketing costs under section 1920(5).
[1] A magistrate judge's report and recommendation is reviewed for clear error when no party files objections.
[2] A court adopts a magistrate judge's report and recommendation if it finds the report to be well-reasoned and correct.
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“If a party fails to object to any portion of the magistrate judge's report, those portions are reviewed for clear error.”
Establishes the standard of review applicable when no objections are filed to a magistrate judge's report and recommendation.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff Martin-Viana filed a motion for bill of costs in a civil action against Royal Caribbean Cruises, Ltd. The magistrate judge reviewed the moti…
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 Copying Costs cases and more on FLexlaw
THIS CAUSE is before the Court upon Plaintiff's Motion for Bill of Costs, ECF No. [281]. On September 5, 2024, the Motion was referred to United States Magistrate Judge Edwin G. Torres, ECF No. [282]. On November 18, 2024, Judge Torres issued a report and recommendation (“R&R”), ECF No. [307], recommending that the Motion be granted in part and denied in part. None of the Parties filed objections to the R&R.
"If a party fails to object to any portion of the magistrate judge's report, those portions are reviewed for clear error.” Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006) (quoting Johnson v. Zema Sys. Corp., 170 F. 3d 734, 739 (7th Cir. 1999). The portions of the report and recommendation to which an objection is made are reviewed de novo only 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. P. 72(b)(3); Williams v. McNeil, 557 F. 3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Nevertheless, the Court is fully advised in the premises of the R&R. Upon review, the Court finds the R&R to be well reasoned and correct.
Case No. 23-cv-21171-BLOOM/Torres
The Court therefore agrees with the analysis in the R&R and concludes that the Motion for Bill of Costs, ECF No. [281], must be granted in part and denied in part.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report and Recommendation on Plaintiff's Motion for Taxable Costs, ECF No. [307], is ADOPTED;
2. The Motion for Bill of Costs, ECF No. [281], is GRANTED as to all costs requested but DENIED as to the $605.80 included as Pacer costs that cannot be deemed copying costs under section 1920(4) or docketing costs under section 1920(5).
3. Plaintiff shall recover a total cost award under section 1920 in the sum of $44,981.56.
DONE AND ORDERED in Chambers at Miami, Florida, on December 4, 2024.
BETH BLOOM UNITED STATES DISTRICT JUDGE
cc: counsel of record