Fonseca v. Lyfe Vision Logistics Inc

United States District Court for the Southern District of Florida

Fonseca v. Lyfe Vision Logistics Inc

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 19-60527-CIV-DIMITROULEAS/VALLE

EDWARDO FONSECA,

Plaintiff,

vs.

LYFE VISION LOGISTIC INC., LVL EMPIRE INC., MICHAEL CHIRINO, and JESSICA CHIRINO,

Defendants. _____________________________________/

ORDER ADOPTING REPORT OF MAGISTRATE JUDGE

THIS CAUSE is before the Court on ATD Mediation & Arbitration P.A.’s Motion to Compel Defendants’ Payment of Mediation Fee and for Fees and Costs (“Motion”) [DE 35] and the Report and Recommendation of Magistrate Judge Valle [DE 39] (the “Report”). The Court notes that no objections to the Report [DE 39] 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 39] 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 39] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s reasoning and conclusion that the Motion [DE 39] should be granted. Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. The Report [DE 39] is hereby ADOPTED and APPROVED; 2. ATD’s Motion to Compel Defendants’ Payment of Mediation Fees and for Fees and Costs [DE 35] is GRANTED; 3. Defendants Lyfe Vision Logistics Inc., LVL Empire Inc., Michael Chirino, and Jessica Chirino are jointly and severally ordered to pay $1,050 in mediator’s fees, $105.28 in interest through August 6, 2020, plus 12% annual interest from August 7, 2020 through the date of this Order, and $1,360 in attorney’s fees. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 31‘' day of December, 2020.

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Copies furnished to: All Counsel of Record

Reference

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