AM CRESPI MIAMI, LLC
v.
CENTURY SURETY COMPANY
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The district court adopted a magistrate judge's report and recommendation, granting Century Surety Company's motion for attorney's fees and costs in a civil dispute with AM Crespi Miami, LLC. The court awarded $77,087.50 in attorney's fees and $15,462.76 in costs, plus post-judgment interest.
Century Surety Company's motion for attorney's fees is granted in full, awarding $77,087.50. The bill of costs is granted in part and denied in part, awarding $12,969.00 in expert witness fees under Florida Statute § 768.79 and $2,493.76 in costs under 28 U.S.C. § 1920, plus post-judgment interest at 5.44% annually.
“The Court has, nonetheless, conducted a de novo review of the R&R and the record and is otherwise fully advised in the premises.”
Establishes the standard of review applied by the district court to the magistrate judge's report and recommendation.
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Join FLexlaw to unlock all legal intelligenceAM Crespi Miami, LLC and Century Surety Company were parties to a civil action. Century Surety moved for attorney's fees and costs after prevailing in…
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THIS CAUSE is before the Court upon Defendant Century Surety Company's Amended Motion for Attorney's Fees and Non-Taxable Costs, ECF No. [58] (“Motion”), and Bill of Costs, ECF Nos. [60] – [61]. The Court previously referred the Motion to Chief Magistrate Judge Edwin G. Torres for a Report and Recommendation. See ECF No. [62]. On May 28, 2024, Chief Magistrate Judge Torres issued a Report and Recommendation, ECF No. [63] (“R&R”), recommending that Defendant's Motion be granted, and Defendant's Bill of Costs be granted in part and denied in part. The R&R advised the Parties that objections to the R&R must be filed within fourteen (14) days of the R&R. Id. at 15. To date, neither Party has filed objections nor sought additional time to file objections. The Court has, nonetheless, conducted a de novo review of the R&R and the record and is otherwise fully advised in the premises. See Williams v. McNeil, 557 F. 3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)).
Upon review, the Court finds Chief Magistrate Judge Torres' R&R to be well reasoned and correct. The Court agrees with the analysis in the R&R and concludes that for the reasons set forth therein, Defendant's Motion is granted, and Defendant's Bill of Costs is granted in part and denied in part.
Case No. 22-cv-23346-BLOOM/Torres
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The R&R, ECF No. [63], is ADOPTED; 2. Defendant's Motion for Attorney's Fees and Non-Taxable Costs, ECF No. [58], is GRANTED. Defendant is awarded $77,087.50 in attorney's fees. 3. Defendant's Bill of Costs, ECF No. [60] – [61], is GRANTED in part and DENIED in part. Defendant is awarded $12,969.00 in costs for expert witness fees under Fla. Stat. § 768.79 and $2,493.76 in costs under 28 U.S.C. § 1920 plus postjudgment interest at an annual rate of 5.44%. 4. To the extent not otherwise disposed of, any scheduled hearings are CANCELED, all pending motions are DENIED AS MOOT, and all deadlines are TERMINATED. 5. This case shall remain CLOSED.
DONE AND ORDERED in Chambers at Miami, Florida, on June 12, 2024.
BETH BLOOM UNITED STATES DISTRICT JUDGE
Copies to: Counsel of Record