Nagar v. Rosenberg

United States District Court for the Southern District of Florida

Nagar v. Rosenberg

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 23-cv-60531-WPD

JOAN NAGAR,

Plaintiff,

v.

STEVEN ROSENBERG; THE TOWERS OF OCEANVIEW EAST CONDOMINIUM ASSOCIATION, INC.; and EISINGER, LEWIS, CHAIET, STIVELMAN, EISINGER & SHEIR, P.A.,

Defendants. /

ORDER ADOPTING REPORT OF MAGISTRATE JUDGE THIS CAUSE is before the Court upon Defendants Steven Rosenberg and The Towers of Oceanview East Condominium Association, Inc. (“TOVE”)’s Motion to Tax Costs [DE 80], filed on May 3, 2024, and the Report and Recommendation of Magistrate Judge Panayotta Augustin-Birch (the “Report”) [DE 83], dated June 25, 2024. The Court notes that no objections to the Report [DE 83] have been filed and that the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 83] 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 83] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s reasoning and conclusion that the Motion [DE 80] should be denied and Plaintiff's request for attorneys’ fees raised in her response should be denied without prejudice. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 83] is hereby ADOPTED and APPROVED. 2. Defendants Rosenberg and TOVE’s Motion to Tax Costs [DE 80] is hereby DENIED. 3. Plaintiff's request for attorneys’ fees raised in her response is DENIED WITHOUT PREJUDICE. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 10th day of July 2024.

j f / a j; y. Off, } ii As j if fas ae? A 4 MAMA AMWAY VILLIAM P. DIMITROULEAS United States District Judge Copies furnished to: Counsel of Record

Reference

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