Travelers Indemnity Company of Connecticut et al v. Attorney's Title Insurance Fund, Inc. et al

Filing 463

ORDER accepting and adopting in part 461 REPORT AND RECOMMENDATIONS re 456 Verified MOTION for Taxation of Costs Travelers Indemnity Company of Connecticut and St. Paul Fire & Marine Insurance Company's Renewed Verified Motion to Tax Costs (Section 10) filed by Travelers Indemnity. Plaintiffs Travelers Indemnity Company of Connecticut and St. Paul Fire & Marine Insurance Company's Renewed Verified Motion to Tax Costs (Section 10) (Doc. 456 ) is GRANTED in part an d DENIED in part, and Plaintiffs are awarded $36,223.80 in costs. Plaintiffs Travelers Indemnity Company of Connecticut and St. Paul Fire & Marine Insurance Company's Renewed Motion for Attorney's Fees and Costs (Doc. 458 ) is DENIED without prejudice as moot. The Clerk of the Court is DIRECTED to amend the judgment to include the amount awarded herein. Signed by Judge Sheri Polster Chappell on 1/29/2019. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TRAVELERS INDEMNITY COMPANY
OF CONNECTICUT and ST. PAUL
FIRE & MARINE INSURANCE
COMPANY,
Plaintiffs,
v.

Case No: 2:13-cv-670-FtM-38CM

ATTORNEY’S TITLE INSURANCE
FUND, INC., FLORIDA TITLE CO.,
SECTION 10 JOINT VENTURE,
LLP, SKY PROPERTY VENTURE,
LLC, CAS GROUP, INC., STEPHAN,
COLE & ASSOCIATES, LLC and
INTEGRA REALTY RESOURCES
SOUTHWEST FLORIDA, INC.,
Defendants.
/
ORDER1
Before the Court is United States Magistrate Judge Carol Mirando's Report and
Recommendation (R&R) (Doc. 461), recommending that Plaintiffs Travelers Indemnity
Company of Connecticut and St. Paul Fire & Marine Insurance Company’s Renewed
Verified Motion to Tax Costs (Section 10) (Doc. 456) be granted in part and their Renewed
Motion for Attorneys’ Fees and Costs (Doc. 458) be granted. After Judge Mirando entered

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the R&R, Plaintiffs filed a Notice of Withdrawal of Their Renewed Motion for Attorneys’
Fees and Costs (Doc. 462). No party has objected to the R&R, and the period to do so
has lapsed. This matter is ripe for review.
After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify the magistrate judge's
report and recommendation. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright,
681 F.2d 732 (11th Cir. 1982).

In the absence of specific objections, there is no

requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993
F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole
or in part, the findings and recommendations, 28 U.S.C. § 636(b)(1)(C). The district judge
reviews legal conclusions de novo, even in the absence of an objection. See CooperHouston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
Here, Judge Mirando reviewed the costs requested by Plaintiffs and determined
that they should be granted, except for the $17,182.30 requested for videographer and
videotape fees for depositions. Judge Mirando also determined that Plaintiffs are entitled
to reasonable attorneys’ fees, but Plaintiffs have since withdrawn their motion for
attorneys’ fees. After independently examining the file and on consideration of Judge
Mirando’s findings and recommendations, the Court accepts and adopts the R&R, except
as affected by Plaintiffs’ withdrawal of its motion.
Accordingly, it is now
ORDERED:
Judge Carol Mirando's Report and Recommendation (R&R) (Doc. 461) is
ACCEPTED and ADOPTED in part.

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(1) Plaintiffs Travelers Indemnity Company of Connecticut and St. Paul Fire &
Marine Insurance Company’s Renewed Verified Motion to Tax Costs (Section
10) (Doc. 456) is GRANTED in part and DENIED in part, and Plaintiffs are
awarded $36,223.80 in costs.
(2) Plaintiffs Travelers Indemnity Company of Connecticut and St. Paul Fire &
Marine Insurance Company’s Renewed Motion for Attorney’s Fees and Costs
(Doc. 458) is DENIED without prejudice as moot.
(3) The Clerk of the Court is DIRECTED to amend the judgment to include the
amount awarded herein.
DONE and ORDERED in Fort Myers, Florida this 29th day of January, 2019.

Copies: All Parties of Record

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