Collier County v. Holiday CVS, L.L.C. et al

Filing 63

ORDER adopting 62 REPORT AND RECOMMENDATIONS re 55 Second MOTION for Attorney Fees and Incorporated Memorandum of Law filed by RTG, LLC, 59 MOTION for Attorney Fees filed by RTG, LLC. United States Magistrate Judge Carol M irando's Report and Recommendation (Doc. 62 ) is ACCEPTED and ADOPTED and the findings incorporated herein. Defendant RTG LLC's Motion for Attorneys' Fees (Doc. 55 ) is GRANTED in part and DENIED in part. The Court awards RTG $ 126,495.00 in attorneys' fees. Appellee RTG, LLC's Motion for Attorneys' Fees (Doc. 59 is GRANTED in part and DENIED in part. The Court awards RTG $36,007.50 in attorneys' fees. The Clerk of Court is DIRECTED to enter an amended judgment accordingly. Signed by Judge Sheri Polster Chappell on 10/25/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
COLLIER COUNTY, a political
subdivision of the State of Florida
Plaintiff,
v.

Case No: 2:17-cv-14-FtM-38CM

RTG, LLC,
Defendants.
/
ORDER1
Before the Court is United States Magistrate Judge Carol Mirando’s Report and
Recommendation. (Doc. 62). Judge Mirando recommends granting in part and denying
in part Defendant RTG LLC’s Motion for Attorneys’ Fees (Doc. 55) and granting in part
and denying in part Appellee RTG LLC’s Motion for Attorneys Fees (Doc. 59). No party
objects to the Report and Recommendation, and the time to do so has expired.
A district judge “may accept, reject, or modify in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The district
judge “shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. And “[t]he judge

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may also receive further evidence or recommit the matter to the magistrate judge with
instructions.” Id.
After examining the file independently, and upon considering Judge Mirando’s
findings and recommendations, the Court accepts and adopts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
(1) United States Magistrate Judge Carol Mirando’s Report and Recommendation
(Doc. 62) is ACCEPTED and ADOPTED and the findings incorporated herein.
(2) Defendant RTG LLC’s Motion for Attorneys’ Fees (Doc. 55) is GRANTED in
part and DENIED in part. The Court awards RTG $126,495.00 in attorneys’
fees.
(3) Appellee RTG, LLC’s Motion for Attorneys’ Fees (Doc. 59) is GRANTED in
part and DENIED in part. The Court awards RTG $36,007.50 in attorneys’
fees.
(4) The Clerk of Court is DIRECTED to enter an amended judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 25th day of October 2018.

Copies: All Parties of Record

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