DUNCAN
v.
NORTH BROWARD HOSPITAL DISTRICT

S.D. Fla. | 2024-08-13
No. 22-cv-62298
2024 FFL 18556 District Court, S.D. Florida (2024)

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Synopsis

The district court adopted a magistrate judge's recommendation and granted the defendant hospital district's motion for bill of costs, awarding $4,466.40 in taxable costs including clerk fees, transcript fees, witness fees, and copy costs.


Holding

The court granted the defendant's motion for bill of costs and awarded $4,466.40 in taxable costs, finding the magistrate judge's recommendation well-reasoned and correct.


Headnotes

[1] A district court may adopt a magistrate judge's report and recommendation if it is well-reasoned and correct.

[2] A party may be awarded taxable costs for fees of the Clerk and Marshal.

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Key Quotes

“Upon review, the Court finds Judge Valle's R&R to be well reasoned and correct.”

Establishes that the court adopted the magistrate judge's recommendation without modification.

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Facts & Procedural History

After litigation between Duncan (plaintiff) and North Broward Hospital District (defendant), the defendant filed a motion for bill of costs. The defen…

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Opinion of the Court

THIS CAUSE is before the Court upon Defendant North Broward Hospital District's Motion for Bill of Costs, ECF No. [62]. The Court referred the Motion for a Report and Recommendation to the Honorable Alicia O. Valle for a Report and Recommendations (“R&R”). See ECF No. [68]. On July 26, 2024, Judge Valle issued a R&R recommending that Defendant's Motion by granted and, pursuant to Rule 54(d), Defendant should be awarded $4,466.40 in taxable costs. ECF No. [69]. Judge Valle advised that any party may serve and file written objections to the R & R within 14 days. Id. at 9. To date, Plaintiff has not 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 Judge Valle's R&R to be well reasoned and correct. The Court agrees with the analysis in the R&R and concludes, for the reasons set forth therein, that Defendant should recover $4,466.40 in taxable costs for: (i) fees of the Clerk and Marshal ($555);

Case No. 22-cv-62298-BLOOM/Valle (ii) fees for printed or electronically recorded transcripts ($3,820.40); (iii) witness fees for Gerado Arguello ($40); and (iv) fees for copies necessarily obtained from Associates MD for use in the case ($51).

It is ORDERED AND ADJUDGED as follows:

1. The R&R, ECF No. [69], is ADOPTED; and 2. Defendant North Broward Hospital District's Motion for Bill of Costs, ECF No. [62], is GRANTED.

DONE AND ORDERED in Chambers at Miami, Florida, on August 12, 2024.

BETH BLOOM UNITED STATES DISTRICT JUDGE

cc: counsel of record


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