American Southern Insurance Company v. Environmental Innovations, Inc. et al

Filing 54

ORDER adopting 53 Report and Recommendation; granting 50 Plaintiff's Amended Motion for Attorneys' Fees and Costs. The Clerk of the Court is directed to enter judgment in accordance with this Order. Signed by Judge Marcia Morales Howard on 12/7/2015. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
AMERICAN SOUTHERN
INSURANCE COMPANY,
Plaintiff,
vs.

Case No. 3:14-cv-1312-J-34JBT

ENVIRONMENTAL INNOVATIONS, INC.,
and JOHN FRENCH,
Defendants.
_____________________________________/

ORDER

THIS CAUSE is before the Court on Magistrate Judge Joel B. Toomey’s Report and
Recommendation (Dkt. No. 53; Report), entered on November 2, 2015. In the Report,
Magistrate Judge Toomey recommends that Plaintiff’s Amended Motion for Attorneys’ Fees
and Costs (Dkt. No. 50) be granted. See Report at 8. 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. 53) is

ADOPTED as the opinion of the Court.
2.

Plaintiff’s Amended Motion for Attorneys’ Fees and Costs (Dkt. No. 50) is

GRANTED.
3.

The Clerk of Court is directed to enter judgment in favor of Plaintiff American

Southern Insurance Company and against Defendants Environmental Innovations, Inc.,
4593 Tarragon Ave., Middleburg, Florida 32068, and John French, 4593 Tarragon Ave.,
Middleburg, Florida 32068, jointly and severally, in the total amount of $7,818.50,
representing $7,591.00 in attorneys’ fees and $227.50 in costs. Post-judgment interest will
accrue at the statutory rate set forth in 28 U.S.C. § 1961.
DONE AND ORDERED in Jacksonville, Florida, this 7th day of December, 2015.

ja
Copies to:
The Honorable Joel B. Toomey
United States Magistrate Judge
Counsel of Record
Environmental Innovations, Inc.
4593 Tarragon Ave.
Middleburg, FL 32068
John French
4593 Tarragon Ave.
Middleburg, FL 32068