Mid-Continent Casualty Company v. American Pride Building Company, LLC et al

Filing 212

ORDER adopting 207 Amended Report and Recommendation of the Magistrate Judge. Plaintiff's 196 Motion for Costs is GRANTED in part and DENIED in part. Fees and Costs are awarded as follows: (a) Fees of the Clerk are awarded in the amount o f $350.00; (b) Fees for service and subpoena are awarded in the amount of $2,547.00 per the Parties' agreement; (c) Fees for printed or electronically recorded transcripts are awarded in the amount of $5,796.45 per the Parties 9; agreement; (d) Fees for witnesses are awarded in the amount of $632.50; (e) Fees for exemplification and copying costs are awarded in the amount of $19,224.90; and (f) Other costs are awarded in the amount of $645.00. Plaintiff, Mi d-Continent Casualty Company, is awarded total costs and fees in the amount of $29,195.85, plus interest dating from March 10, 2011. The Clerk is directed to enter judgment accordingly. Signed by Judge Charlene E. Honeywell on 10/12/2011. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

MID-CONTINENT CASUALTY COMPANY,
Plaintiff,
v.

CASE NO. 2:07-CV-00258-FtM-36SPC

AMERICAN PRIDE BUILDING COMPANY,
LLC; AMERICAN PRIDE BUILDING CO., LLC;
AMERICAN PRIDE BUILDER, LLC; GROFF
CONSTRUCTION, INC.,
Defendants.
/

ORDER
This cause comes before the Court on the Amended Report and Recommendation of United
States Magistrate Judge Sheri Polster Chappell, filed on May 3, 2011( Doc. 207). In the Report and
Recommendation, Judge Chappell recommends that Plaintiff Mid-Continent Casualty Company’s
Motion for Costs be granted in part and denied in part. Neither party filed an objection to the Report
and Recommendation, and the time to do so has expired.
After careful consideration of the Report and Recommendation of the Magistrate Judge, in
conjunction with an independent examination of the court file, the Court is of the opinion that the
Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all
respects.
Accordingly, it is hereby ORDERED and ADJUDGED:

1.

The Amended Report and Recommendation of the Magistrate Judge (Doc. 207) is
ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of
this Order for all purposes, including appellate review.

2.

Plaintiff’s Motion for Costs (Doc. 196) is GRANTED in part and DENIED in part.

3.

Fees and Costs are awarded as follows:
(a) Fees of the Clerk are awarded in the amount of $350.00.
(b) Fees for service and subpoena are awarded in the amount of $2,547.00 per the
Parties’ agreement.
(c) Fees for printed or electronically recorded transcripts are awarded in the amount
of $5,796.45 per the Parties’ agreement.
(d) Fees for witnesses are awarded in the amount of $632.50.
(e) Fees for exemplification and copying costs are awarded in the amount of
$19,224.90.
(f) Other costs are awarded in the amount of $645.00.

4.

Plaintiff, Mid-Continent Casualty Company, is awarded total costs and fees in the
amount of $29,195.85, plus interest dating from March 10, 2011.

5.

The Clerk is directed to enter judgment accordingly

DONE AND ORDERED at Ft. Myers, Florida, on October 12, 2011.

COPIES TO:
COUNSEL OF RECORD

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