ALEXANDER
v.
SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA

S.D. Fla. | 2022-01-10
No. 20-80336-CIV
District Court, S.D. Florida (2022)

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Holding

The Court accepts in part the Magistrate Judge's Report and Recommendation, denying Defendant's Bill of Taxable Costs.


Facts & Procedural History

Defendant moved for attorneys' fees and non-taxable costs. The Magistrate Judge recommended denying the motion. The Court reviewed the report and reco…

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Opinion of the Court

THIS CAUSE is before the Court upon the Report and Recommendation issued by Magistrate Judge Bruce Reinhart recommending that Defendant’s Motion for Attorneys’ Fees and Non-Taxable Costs (“Motion for Fees and Non-Taxable Costs”) be denied [ECF No. 115]. On September 12, 2021, the Court referred Defendant’s Motion for Attorneys’ Fees and Costs to Magistrate Judge Bruce E. Reinhart for a Report and Recommendation [ECF No. 107 (referring ECF No. 103)].

On December 13, 2021, Judge Reinhart issued the instant Report (“R&R”), recommending that the Motion for Fees and Non-Taxable Costs be denied [ECF No. 115]. The R&R states that the parties shall file any objections within fourteen days of the date of service of the R&R [ECF No. 115 pp. 7–8]. No objections have been filed. The Court has conducted a de novo review of the R&R and the record in this case 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 the R&R to be correct to the extent it determines, for purposes of assessing fees under 42 U.S.C. § 2000e–5k, that Plaintiff’s CASE NO. 20-80336-CIV-CANNON/Reinhart

claims under Title VII were not entirely frivolous or groundless. The Court therefore agrees, consistent with the conclusion in the R&R, that Defendant’s Bill of Taxable Costs should be DENIED, but the Court REJECTS the R&R to the extent it draws other conclusions or makes any other suggestions about the nature of Plaintiff's evidence or Defendant’s actions. Accordingly, it is ORDERED and ADJUDGED as follows: 1. The R&R [ECF No. 115] is ACCEPTED to the limited extent noted in this Order. 2. Defendant’s Bill of Taxable Costs [ECF Nos. 103] is DENIED. DONE AND ORDERED in Chambers at Fort Pierce, Florida this 10th day of January 2022.

UNITED STATES DISTRICT JUDGE

ce: counsel of record


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