UNITED OF OMAHA LIFE INSURANCE COMPANY
v.
SZIRANYI
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United of Omaha Life Insurance Company sought attorney's fees and costs to be deducted from funds deposited with the court in an interpleader action. The district court, adopting the magistrate judge's report and recommendation, denied the plaintiff's request for attorney's fees.
The court denied United of Omaha's request for attorney's fees and costs to be deducted from the amount deposited into the Court Registry.
[1] A magistrate judge's report and recommendation is adopted when no timely objections are filed.
[2] A court may conduct a de novo review of a magistrate judge's report even without objections.
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Join FLexlaw to unlock all legal intelligence“As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 36] are hereby adopted and deemed incorporated into this opinion.”
Establishes the standard for review when no objections are filed to a magistrate judge's report and recommendation
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Join FLexlaw to unlock all legal intelligenceUnited of Omaha Life Insurance Company filed a motion for leave to deposit funds, discharge, and attorney's fees in an action involving defendant Kath…
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MAGISTRATE JUDGE; DENYING MOTION FOR ATTORNEY’S FEES
THIS CAUSE is before the Court on Plaintiff United of Omaha Life Insurance Company (“Plaintiff”)’s Motion for Leave to Deposit Funds, Discharge and Attorney’s Fees [DE 18]; and the September 11, 2025 Report and Recommendation by Magistrate Judge Ellen F. D'Angelo (the “Report”) [DE 36]. The Court notes that no objections to the Report [DE 36] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 36] 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).
Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 36] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions.
Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 36] is hereby ADOPTED and APPROVED; 2. Plaintiffs request for entitlement to attorney’s fees and costs to be deducted from the amount deposited into the Court Registry, contained within Plaintiff's Motion to Deposit Funds and Discharge and Attorney’s Fees [DE 18], is hereby DENIED.
3. The Clerk is DIRECTED to mail a copy of this Order to Defendant Katherine Sullivan at the address below. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida this 26th day of September, 2025. fl } “a 4 : “4 if % f ? f tne i ye Zo #4 v Paty 4 ‘4 ase Af
CA MAGIA AYN GC
VILLIAM P. DIMITROULEAS
United States District Judge Copies furnished to: Counsel of record Katherine Sullivan 1400 NE 191st Street, # 301 Miami, FL 33179
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)