Balboa Capital Corporation v. Vital Pharmaceuticals, Inc.

United States District Court for the Southern District of Florida

Balboa Capital Corporation v. Vital Pharmaceuticals, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA (FORT LAUDERDALE DIVISION)

BALBOA CAPITAL CORPORATION,

Plaintiff,

v. Case No.: 0:18-cv-61125-WPD

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 Balboa Capital Corporation (“Plaintiff”)’s Application for Attorneys’ Fees and Costs in Connection with Appeal [DE 142/143], Plaintiff’s Second Supplemental Motion for Attorneys’ Fees and Costs [DE 146], and the August 22, 2023 Report and Recommendation of Magistrate Judge Patrick M. Hunt [DE 159] (the “Report”). The Court notes that no objections to the Report [DE 159] 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 159] 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 159] 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 159] is hereby ADOPTED and APPROVED; 2. Plaintiff's Verified Motion for Attorneys’ Fees and Costs [DE 142/143] and Plaintiff's Supplemental Motion for Attorneys’ Fees and Costs [DE 146] are GRANTED; and 3. Plaintiff is hereby awarded fees and costs in the amount of $52,027.28 ($51,970.00 in attorneys’ fees and $57.28 in non-taxable costs). DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 6th day September, 2023. fl } “a 4 : “4 if % f ? f tne i ye Zo #4 v Paty 4 ‘4 ase Af CA KAAYAA AVY EINE VILLIAM P. DIMITROULEAS United States District Judge Copies furnished to: Counsel of record Magistrate Judge Hunt

Reference

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