Socarras v. Geovera Specialty Insurance Company
Socarras v. Geovera Specialty Insurance Company
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No. 21-cv-21688-BLOOM/Otazo-Reyes
OBEL SOCARRAS and ILIANA GONZALEZ,
Plaintiffs,
v.
GEOVERA SPECIALTY INSURANCE COMPANY,
Defendant. _________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE is before the Court upon Defendant Geovera Specialty Insurance Company’s (“Defendant”) Motion to Vacate Order of Dismissal and Motion to Strike Plaintiffs’ Notice of Voluntary Dismissal, ECF No. [13] (“Motion”). The Court previously referred the Motion to Magistrate Judge Otazo-Reyes for a Report and Recommendation (“R&R”). ECF No. [17]. On July 20, 2021, Judge Otazo-Reyes issued a R&R recommending that the Motion be denied subject to a few conditions. ECF No. [20]. Specifically, Judge Otazo-Reyes recommended that the Motion be denied, subject to Plaintiffs reimbursing Defendant for its reasonable fees and costs incurred to date in this case. Id. at 2. Judge Otazo-Reyes further recommended that Defendant be directed to submit its statement of reasonable fees and costs within twenty (20) days after the Court’s ruling on the Motion. The R&R advised that “the parties have fourteen days from the date of receipt of this Report and Recommendation to file written objections, if any . . . .” Id. To date, neither party has filed objections, nor have they sought additional time in which to do so. Nonetheless, the Court has Case No. 21-cv-21688-BLOOM/Otazo-Reyes
reviewed the Motion and the record, has conducted a de novo review of the R&R, and is otherwise fully advised in the premises. Williams v. McNeil,
557 F.3d 1287, 1291(11th Cir. 2009) (citing
28 U.S.C. § 636(b)(1)). Upon review, the Court finds the R&R to be well-reasoned and correct. The Court agrees with the analysis in the R&R and concludes that Defendant’s Motion should be denied subject to the conditions set forth in the R&R. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The R&R, ECF No. [20], is ADOPTED. 2. The Motion, ECF No. [13] is DENIED. 3. Plaintiffs shall reimburse Defendant for its reasonable fees and costs incurred to date in this case. 4. Defendant is directed to file its statement of reasonable fees and costs no later than August 24, 2021. DONE AND ORDERED in Chambers at Miami, Florida, on August 4, 2021.
BETHBLOOM i ssts—‘—s UNITED STATES DISTRICT JUDGE Copies to: Counsel of record
Reference
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