APR Energy, LLC v. First Investment Group Corporation et al
Filing
74
ORDER adopting 73 Report and Recommendation; denying without prejudice 60 APR's Motion for Attorneys' Fees and Costs. Signed by Judge Marcia Morales Howard on 8/5/2015. (JW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
APR ENERGY, LLC, a Florida
limited liability company,
Plaintiff,
v.
Case No. 3:14-cv-575-J-34JBT
FIRST INVESTMENT GROUP
CORPORATION, a foreign corporation;
and FIRST ENGINEERING GROUP a/k/a
1st ENGINEERING GROUP, a foreign
corporation,
Defendants.
_____________________________________/
ORDER
THIS CAUSE is before the Court on Magistrate Judge Joel B. Toomey’s Report and
Recommendation (Dkt. No. 73; Report), entered on July 2, 2015. In the Report, Magistrate
Judge Toomey recommends that, to the extent APR’s Motion for Attorneys’ Fees and Costs
(Dkt. No. 60) requests an award of attorneys’ fees, the Motion should be denied without
prejudice to Plaintiff seeking attorneys’ fees before other courts or tribunals, if appropriate,
on grounds other than section 77.22, Florida Statutes. See Report at 13. No objections to
the Report have been filed, and the time for doing so has now passed.
The Court “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). If no specific
objections to findings of facts are filed, the district court is not required to conduct a de novo
review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993);
see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions
de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);
United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May
14, 2007).
Upon independent review of the file and for the reasons stated in the Magistrate
Judge’s Report, the Court will accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1.
The Magistrate Judge’s Report and Recommendation (Dkt. No. 73) is
ADOPTED as the opinion of the Court.
2.
To the extent APR’s Motion for Attorneys’ Fees and Costs (Dkt. No. 60)
requests an award of attorneys’ fees, the Motion is DENIED without prejudice to Plaintiff
seeking attorneys’ fees before other courts or tribunals, if appropriate, on grounds other than
section 77.22, Florida Statutes.
3.
As the Motion is denied without prejudice to the extent it requests an award
of attorneys’ fees, the remaining portion of the Motion regarding the amount of the attorneys’
fees is also DENIED without prejudice.
DONE AND ORDERED in Jacksonville, Florida, this 5th day of August, 2015.
ja
Copies to:
The Honorable Joel B. Toomey
United States Magistrate Judge
Counsel of Record
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