Colony Insurance Company v. MagneGas Welding Supply-Southeast, LLC

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION COLONY INSURANCE COMPANY, Plaintiff, v. Case No. 8:20-cv-2775-VMC-AAS MAGNEGAS WELDING SUPPLY-SOUTHEAST, LLC, et al., Defendants. ______________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Amanda Arnold Sansone’s Amended Report and Recommendation (Doc. # 55), filed on August 20, 2021, recommending that Plaintiff’s Motion for Taxation of Costs (Doc. # 48) be granted in part and denied in part.

As of the date of this Order, no objections have been filed and the time for filing objections has lapsed. The Court accepts and adopts the Amended Report and Recommendation and grants in part and denies in part the Motion for Taxation of Costs.

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). 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 recommendation. 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. 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).

After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the Magistrate Judge.

Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Amended Report and Recommendation (Doc. # 55) is ACCEPTED and ADOPTED. (2) Plaintiff’s Motion for Taxation of Costs (Doc. # 48) is GRANTED in part and DENIED in part. Plaintiff is awarded $520.00 in costs against Defendants MagneGas Welding Supply-Southeast, LLC f/k/a Equipment Sales & Service, Inc. and Taronis Fuels, Inc., joint and severally. The Clerk is directed to enter a judgment of costs accordingly.

DONE and ORDERED in Chambers in Tampa, Florida, this 7th day of September, 2021.

VIR IA M. HERNANDEZ’COVINGTON UNITED STATES DISTRICT JUDGE