Endurance American Specialty Insurance Company v. Liberty Mutual Insurance Company

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, Plaintiff, v. Case No. 8:17-cv-2832-T-33CPT LIBERTY MUTUAL INSURANCE COMPANY, SAFECO INSURANCE COMPANY OF ILLINOIS, and SAFECO INSURANCE COMPANY OF AMERICA, Defendants. _______________________________/ ORDER This matter is before the Court upon consideration of United States Magistrate Judge Christopher P. Tuite’s Report and Recommendation (Doc. # 219), filed on October 26, 2020, recommending that Plaintiff Endurance American Specialty Insurance Company’s Motion for Entitlement to Attorneys’ Fees Based on Contract (Doc. # 211) be denied. On November 9, 2020, Endurance filed an objection to the Report and Recommendation (Doc. # 220) and requested oral argument. (Doc. # 221).

The Court accepts and adopts the Report and Recommendation, overrules the objection, and denies Endurance’s Motion for Entitlement to Attorneys’ Fees Based on Contract and Request for Oral Argument.

Discussion 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); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). If a party files a timely and specific objection to a finding of fact by the magistrate judge, the district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th Cir. 1994).

Upon due consideration of the record, including Judge Tuite’s Report and Recommendation as well as Endurance’s objection thereto, the Court overrules the objection and adopts the Report and Recommendation. The Court agrees with Judge Tuite’s detailed and well-reasoned findings of fact and conclusions of law. The Report and Recommendation thoughtfully addresses the issues presented, and the objection does not provide a basis for rejecting the Report and Recommendation. Additionally, Endurance’s request for oral argument is denied as moot.

Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 219) is ACCEPTED and ADOPTED. (2) Endurance’s Motion for Entitlement to Attorneys’ Fees Based on Contract (Doc. # 211) is DENIED. (3) Endurance’s Request for Oral Argument (Doc. # 221) is DENIED as moot. (4) The Clerk is directed to CLOSE the case.

DONE and ORDERED in Chambers in Tampa, Florida, this 25th day of November, 2020. lagi Or. Munenby (nih VIRGINIA M. HERNANDEZ*COVINGTON UNITED STATES DISTRICT JUDGE