Robinson et al v. National Credit Systems, Inc. et al

Filing 98

ORDER adopting 97 REPORT AND RECOMMENDATIONS re 79 MOTION for Attorney Fees and Costs filed by Diandra Decrescenzo, Deshawn Robinson. The Report and Recommendation (Doc. 97 ) is ACCEPTED and ADOPTED and incorporated into this Order. Plaintiffs' Motion for Attorney's Fees and Costs (Doc. 79 ) is GRANTED in part and DENIED in part. Plaintiffs are awarded $31,337.50 in attorney's fees and $1,558.00 in costs for a total of $32,895.50. The Clerk of the Court is DIRECTED to amend the judgment to include the amount awarded herein. Signed by Judge Sheri Polster Chappell on 2/6/2019. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DESHAWN ROBINSON and DIANDRA
DECRESCENZO,
Plaintiffs,
v.

Case No: 2:17-cv-386-FtM-38CM

NATIONAL CREDIT SYSTEMS,
INC.,
Defendant.
/
ORDER1
Before

the

Court

is

Magistrate

Judge

Carol

Mirando’s

Report

and

Recommendation. (Doc. 97). Judge Mirando recommends granting and denying in part
Plaintiffs Deshawn Robinson and Diandra Decrescenzo’s Motion for Attorney’s Fees and
Costs (Doc. 79). Neither Plaintiffs nor Defendant National Credit Systems, Inc. filed a
timely objection to the Report and Recommendation. The 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).

1

In the absence of specific objections, there is no

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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).
After careful consideration and an independent review of the file, the Court accepts
and adopts the Report and Recommendation (Doc. 97) in full.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 97) is ACCEPTED and ADOPTED
and incorporated into this Order.
2. Plaintiffs’ Motion for Attorney’s Fees and Costs (Doc. 79) is GRANTED in part
and DENIED in part. Plaintiffs are awarded $31,337.50 in attorney’s fees and $1,558.00
in costs for a total of $32,895.50.
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 6th day of February, 2019.

Copies: All Parties of Record

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