Fresenius Vascular Care, Inc. v. Vasudeva

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION FRESENIUS VASCULAR CARE, INC. and NATIONAL MEDICAL CARE, INC. Plaintiff, v. Case No: 8:21-cv-1474-VMC-JSS INDI VASUDEVA and TAMPA RENAL PHYSICIANS, P.L., Defendants. _______________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Julie S. Sneed’s Report and Recommendation (Doc. # 35), filed on October 3, 2022, recommending that Plaintiff National Medical Care, Inc.’s Motion for Attorneys’ Fees and Costs (Doc. # 28) should 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 Report and Recommendation and grants in part and denies in part the Motion.

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 Report and Recommendation (Doc. # 35) is ACCEPTED and ADOPTED. (2) National Medical Care, Inc.’s Motion for Attorneys’ Fees and Costs (Doc. # 28) is GRANTED IN PART and DENIED IN PART. (3) National Medical Care, Inc. is awarded reasonable attorneys’ fees in the amount of $42,193.00 and costs in the amount of $3,867.66. (4) The Clerk is directed to enter judgment accordingly.

DONE and ORDERED in Tampa, Florida, this 20th day of October, 2022. lagi fh. Muswshy (noiZh VIR IA M. HERNANDEZ'’COVINGTON UNITED STATES DISTRICT JUDGE