Swain v. CJS Legal Services, Inc.
Swain v. CJS Legal Services, Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
NATALIE M. SWAIN, an individual,
Plaintiff,
v. Case No: 8:20-cv-512-T-35AEP
CJS LEGAL SERVICES, INC., a Florida for-profit corporation,
Defendant.
ORDER THIS CAUSE comes before the Court for consideration of Plaintiff’s Motion to Tax Attorneys’ Fees. (Dkt. 23) In the motion, Plaintiff seeks attorneys’ fees in the amount of $5,215.00. (Id.) Defendant did not respond to the motion. On October 15, 2020, United States Magistrate Judge Anthony E. Porcelli issued a Report and Recommendation, recommending that Plaintiff’s motion be granted in part and denied in part and that Plaintiff be awarded fees in the amount of $3,000.00. (Dkt. 24) Neither party has filed an objection to the Judge Porcelli’s Report and Recommendation, and the time to do so has now passed. 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, 732(11th Cir. 1982), cert. denied,
459 U.S. 1112(1983). A district judge “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”
28 U.S.C. § 636(b)(1)(C). This requires that the district judge “give fresh consideration to those issues to which specific objection has been made by a party.” Jeffrey S. v. State Bd. of Educ.,
896 F.2d 507, 512 (11th Cir. 1990) (quoting H.R. 1609, 94th Cong. § 2 (1976)). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn,
993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations.
28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry.,
37 F.3d 603, 604(11th Cir. 1994). Upon consideration of the Report and Recommendation, in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED that: 1. The Report and Recommendation, (Dkt. 24), is CONFIRMED and ADOPTED as part of this Order; and 2. Plaintiff's Motion for Attorney Fees, (Dkt. 23), is GRANTED IN PART and DENIED IN PART. 3. Plaintiff is awarded fees in the amount of $3,000.00. DONE and ORDERED in Tampa, Florida, this 3 day of December, 2020. Vy em
UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of Record Any Unrepresented Person
Reference
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