UPEQUITY SPV1, LLC
v.
GLENNON

M.D. Fla. | 2025-08-01
No. 8:24-cv-842
2025 FFL 19571 District Court, M.D. Florida (2025)

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Synopsis

The District Court adopted a magistrate judge's recommendation and granted UpEquity SPV1, LLC's motion for attorney's fees and costs against defendant Meagan Glennon. The court found no clear error in the magistrate's analysis and ordered the plaintiff to file a supplemental motion detailing the amount of fees and costs to which it is entitled.


Holding

The court adopted the magistrate judge's recommendation and granted plaintiff's motion for entitlement to attorney's fees and costs. The court ordered plaintiff to file a supplemental motion on the amount to which it is entitled pursuant to Local Rule 7.01(c).


Key Quotes

“After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's report and recommendation.”

Establishes the standard of review applicable when considering a magistrate judge's report and recommendation under 28 U.S.C. § 636(b)(1).

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Facts & Procedural History

UpEquity SPV1, LLC filed a motion for entitlement to attorney's fees and costs, along with a motion for taxation of costs, against defendant Meagan Gl…

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Opinion of the Court

This matter is before the Court on consideration of the report and recommendation of Natalie Hirt Adams, United States Magistrate Judge, entered on June 27, 2025. (Doc. 41). Judge Adams recommends that “Plaintiff, UpEquity SPV1, LLC's Motion for Entitlement to Attorney's Fees and Costs and Motion for Taxation of Costs” (Doc. 40) be granted. No party has objected, and the time to object has expired.

After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); 718 F. 2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F. 2d 732 (11th Cir. 1982). A district court must "make a de novo determination of those portions of the [report and recommendation] to which an objection is made." 28 U.S.C. § 636(b)(1)(C). When no objection is filed, a court reviews the report and recommendation for clear error. Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006); Nettles v. Wainwright,

677 F. 2d 404, 409 (5th Cir. 1982).

Upon due consideration of the record, including Judge Adams's report and recommendation, the Court adopts the report and recommendation. Consequently, Plaintiff's motion for entitlement to attorney's fees and costs is granted.

Accordingly, it is

ORDERED, ADJUDGED, and DECREED:

(1) Judge Adams's report and recommendation (Doc. 41) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review.

(2) “Plaintiff, UpEquity SPV1, LLC's Motion for Entitlement to Attorney's Fees and Costs and Motion for Taxation of Costs” (Doc. 40) is hereby GRANTED.

(3) Plaintiff is entitled to an award of attorney's fees and costs. Plaintiff is DIRECTED to file a supplemental motion on the amount to which it is entitled, as contemplated by Local Rule 7.01(c).

DONE and ORDERED in Chambers, in Tampa, Florida, this 1st day of August, 2025.

Jup. Bul TOM BARBER UNITED STATES DISTRICT JUDGE

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