Balboa Capital Corporation v. Vital Pharmaceuticals, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA BALBOA CAPITAL CORPORATION, CASE NO. 18-61125-CIV-DIMITROULEAS Plaintiff, vs. VITAL PHARMACEUTICALS, INC., d/b/a VPX SPORTS; and JOHN OWOC, Defendants. _____________________________________/

ORDER ADOPTING REPORT OF MAGISTRATE JUDGE THIS CAUSE is before the Court on Plaintiff’s Verified Motion for Attorneys’ Fees and Non-Taxable Expenses and Costs [DE 82], and the Report and Recommendation of Magistrate Judge Lurana S. Snow [DE 87]. The Court notes that no objections to the Report [DE 87] 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 87] 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 87] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s reasoning and conclusions.

Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. The Report [DE 87] is hereby ADOPTED and APPROVED; 2. Plaintiff's Verified Motion for Attorneys’ Fees and Non-Taxable Expenses and Costs [DE 82] is GRANTED; 3. Plaintiff is awarded fees in the amount of $101,927.24, litigation expenses in the amount of $4,650.00, and costs in the amount of $425.00.

4. This remanded action shall remain CLOSED. Any pending motions are DENIED AS MOOT.

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 8th day of September, 2021.

: f j a 4 “4 ff % f ? J scene 7 a #4 v Paty d ‘4 ase □□ CA MAAYAA AVY EINE VILLIAM P. DIMITROULEAS United States District Judge Copies to: Counsel of record Magistrate Judge Lurana S. Snow