Gonzalez v. Scottsdale Insurance Company

United States District Court for the Southern District of Florida

Gonzalez v. Scottsdale Insurance Company

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:18-cv-23738-GAYLES/OTAZO-REYES

OSVALDO GONZALEZ,

Plaintiff,

v.

SCOTTSDALE INSURANCE COMPANY,

Defendant. _______________________________________/

ORDER THIS CAUSE comes before the Court on Magistrate Judge Alicia M. Otazo-Reyes’s Report and Recommendation (the “Report”), [ECF No. 54], regarding Plaintiff Osvaldo Gonzalez’s Motion for Entitlement to Attorney’s Fees and Costs (the “Motion”), [ECF No. 42]. The case was referred to Judge Otazo-Reyes for a report and recommendation on whether Plaintiff is entitled to attorney’s fees, and if so, what amount is warranted. [ECF No. 45]. On January 6, 2021, Judge Otazo-Reyes issued her Report recommending that the Court grant the Motion. Neither party filed a timely objection to the Report. A district court may accept, reject, or modify a magistrate judge’s report and recommendation.

28 U.S.C. § 636

(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz,

565 F.3d 1353, 1360

(11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C.,

199 F. Supp. 2d 1271, 1276

(M.D. Fla. 2001); accord Macort v. Prem, Inc.,

208 F. App’x 781, 784

(11th Cir. 2006). This Court finds no clear error with Judge Otazo-Reyes’s well-reasoned analysis and agrees that the Motion should be granted. Accordingly, itis ORDERED AND ADJUDGED as follows: 1. Magistrate Judge Alicia M. Otazo-Reyes’s Report and Recommendation, [ECF No. 54], is AFFIRMED AND ADOPTED and incorporated into this Order by reference; 2. Plaintiffs Motion for Entitlement to Attorney’s Fees and Costs, [ECF No. 42], is GRANTED. 3. The court will set a Zoom hearing to determine the reasonable amount of attorney’s fees and costs. DONE AND ORDERED in Chambers at Miami, Florida, this 5th day of March, 2021.

Of DL AE UNITED STATES DISTRICT JUDGE

Reference

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