Doral Club, LLC v. Indian Harbor Insurance Company
Doral Club, LLC v. Indian Harbor Insurance Company
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION
CASE NO. 1:21-cv-22351-GAYLES/TORRES
DORAL CLUB, LLC,
Plaintiff,
v.
INDIAN HARBOR INSURANCE COMPANY,
Defendant. ___________________________________/
ORDER
THIS CAUSE comes before the Court on Defendant’s Amended Motion for Entitlement to an Award of Costs and Attorney’s Fees Pursuant to Rule 54, 68, Florida Statute 768.79 and Florida Rule of Civil Procedure 1.442 (the “Motion”). [ECF No. 77]. The action was referred to Magistrate Judge Edwin Torres for all post-judgment matters. [ECF No. 72]. On February 3, 2025, Judge Torres issued his report recommending that the Motion be granted in part (the “Report”). [ECF No. 81]. No party has objected to the Report.1 A district court may accept, reject, or modify a magistrate judge’s report and recommendation.
28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz,
565 F.3d 1353, 1360(11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint
1 On March 12, 2025, Defendant filed a “Request to Adopt Magistrate Torres’ Ruling Dated February 3, 2025 on Defendant’s Amended Motion for Entitlement.” [ECF No. 82]. Underwriters, L.L.C.,
199 F. Supp. 2d 1271, 1276(M.D. Fla. 2001); accord Macort v. Prem, Inc.,
208 F. App’x 781, 784(11th Cir. 2006). The Court has reviewed the Report for clear error and agrees with Judge Torres’s well- reasoned findings and conclusion that the Motion should be granted in part. CONCLUSION Accordingly, after careful consideration, itis ORDERED AND ADJUDGED as follows: (1) Judge Torres’s Report and Recommendation, [ECF No. 81], is ADOPTED in full; (2) Defendant’s Amended Motion for Entitlement to an Award of Costs and Attorney’s Fees Pursuant to Rule 54, 68, Florida Statute 768.79 and Florida Rule of Civil Procedure 1.442, [ECF No. 77], is GRANTED in part; (3) Defendant Indian Harbor Insurance Company is awarded $170.00 for non-taxable costs and $24,123.00 in attorneys’ fees, for a total sum of $24,293.00, for which sum let execution issue; and (4) Defendant’s Request to Adopt Magistrate Torres’ Ruling Dated February 3, 2025 on Defendant’s Amended Motion for Entitlement is GRANTED. DONE AND ORDERED in Chambers at Miami, Florida, this 10th day of April, 2025.
of □□ UNITED STATES DI ICT JUDGE
Reference
- Status
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