De Fernandez v. Seaboard Marine Ltd

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 20-cv-25176-BLOOM/Otazo-Reyes ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v.

SEABOARD MARINE, LTD., Defendant. _____________________________________/

ORDER REFERRING MOTION TO MAGISTRATE JUDGE FOR A REPORT AND RECOMMENDATIONS THIS CAUSE is before the Court upon Defendant’s Motion for Award of Costs, ECF No. [273] (the “Motion”). Plaintiff filed an Opposition, in which Plaintiff suggests that “the Court may prefer to stay Defendant’s Motion pending the outcome of Plaintiff’s appeal.” ECF No. [276] at 1.

Plaintiff has not met its burden to show that a stay is appropriate. The existence of “novel issues on appeal” is an insufficient reason for the Court to stay Defendant’s Motion. ECF No. [276] at 1. Plaintiff must additionally “show a substantial likelihood of success on the merits of its appeal[.]” Levesque v. Gov. Employees Ins. Co., 15-cv-14005, 2021 WL 7540798, at * 1 (S.D. Fla. Aug. 31, 2021) (quotation marks omitted). Plaintiff has made no such showing. Local Rule 62.1 indicates that, absent extraordinary circumstances not shown to exist here, the proper time for Plaintiff to seek a stay is after the money judgment is rendered. S.D. Fla. L.R. 62.1.; see also TYR Tactical, LLC v. Protective Prods. Enters., LLC, 15-cv-61741, 2016 WL 10647252, at * 1 (S.D. Fla. Nov. 16, 2016) (noting the Court’s “regular practice . . . not to stay matters collateral to a final judgment” (quotation marks omitted)).

Case No. 20-cv-25176-BLOOM/Otazo-Reyes Pursuant to 28 U.S.C. § 636 and Local Magistrate Judge Rule 1, it is ORDERED that Defendant’s Motion for Award of Costs, ECF No. [273] (the “Motion”), is REFERRED to Magistrate Judge Alicia M. Otazo-Reyes for a Report and Recommendations.

DONE AND ORDERED in Chambers at Miami, Florida, on October 7, 2022.

BETHBLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record