VSI SALES, LLC
v.
DISIMONE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court accepted the Magistrate Judge's Report and Recommendation, denying the defendant's motion for attorney's fees.
The defendant filed a motion for attorney's fees. The Magistrate Judge issued a report recommending the motion be denied. No objections were filed by …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Objections To Magistrate Judge'S Findings cases and more on FLexlaw
___________________________________________/ ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION [ECF No. 121]
THIS CAUSE comes before the Court upon the Magistrate Judge’s Report and Recommendation on Defendant’s Motion for Attorneys’ Fees (the “Report”) [ECF No. 121], filed on August 8, 2022.
On March 30, 2022, Defendant filed a Motion for Attorneys’ Fees (the “Motion”) [ECF No. 115].
On August 8, 2022, following referral, Judge Hunt issued a Report recommending that the Motion be denied [ECF No. 121 pp. 1, 8]. Objections to the Report were due on August 22, 2022 [ECF No. 121 p. 8]. No party filed objections, and the time to do so has expired [ECF No. 121 p. 8]. To challenge the findings and recommendations of a magistrate judge, a party must file specific written objections identifying the portions of the proposed findings and recommendation to which objection is made. See Fed. R. Civ. P. 72(b)(3); Heath v. Jones, 863 F. 2d 815, 822 (11th Cir. 1989); Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). A district court reviews de novo those portions of the report to which objection is made and may accept, reject, CASE NO. 20-61119-CIV-CANNON/Hunt
or modify in whole or in part, the findings or recommendations made by the magistrate judge. 28 U.S.C. § 636(b)(1). To the extent a party fails to object to parts of the magistrate judge’s report, the Court may accept the recommendation so long as there is no clear error on the face of the record. Macort, 208 F. App’x at 784. Legal conclusions are reviewed de novo, even in the absence of an objection. See LeCroy v. McNeil, 397 F. App’x 554, 556 (11th Cir. 2010); Cooper-Houston v.
S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994). Following de novo review, the Court finds the Report to be well reasoned and correct. For the reasons set forth in the Report [ECF No. 121 pp. 3-7], it is hereby ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation [ECF No. 121] is ACCEPTED.
2. The Motion [ECF No. 115] is DENIED.
3. This case shall remain CLOSED.
DONE AND ORDERED in Chambers at Fort Pierce, Florida this 26th day of October 2022.
UNITED STATES DISTRICT JUDGE
ce: counsel of record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Heath v. Jones, 863 F.2d 815 (11th Cir. 1989)