Kinsale Insurance Company v. BEST WELLNESS USA, LLC

United States District Court for the Southern District of Florida

Kinsale Insurance Company v. BEST WELLNESS USA, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 21-61867-CIV-DIMITROULEAS KINSALE INSURANCE COMPANY,

Plaintiff, vs.

BEST WELLNESS USA, LLC, ERIN GILBERT and PATRICK GILBERT

Defendant. _____________________________________/

ORDER ADOPTING AND APPROVING REPORT OF MAGISTRATE JUDGE

THIS CAUSE is before the Court on Defendant’s Supplemental Motion for Attorney’s Fees Related to Responding to Plaintiff’s Objection to Report & Recommendation [DE 30] (the “Motion”), filed August 29, 2022, and the October 25, 2022 Report and Recommendation of Magistrate Judge Patrick M. Hunt [DE 34] (the “Report”). The Court notes that no objections to the Report [DE 34] 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 34] 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 34] 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 34] is hereby ADOPTED and APPROVED; and 2. Defendant’s Motion [DE 30] is DENIED. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 9th day November, 2022. a ? ; 2 (F a “4 if { FO etre zd a3 v ty j ‘4 ta ase Af VILLIAM P. DIMITROULEAS United States District Judge Copies furnished to: Counsel of record Magistrate Judge Hunt

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