Venture Investment Properties, LLC v. Scottsdale Insurance Company

Filing 168

ORDER adopting 167 Report and Recommendation; granting, in part, and denying, in part, 140 Plaintiff's Motion for Determination of Attorney's Fees and Costs. The Clerk of the Court is directed to enter judgment in accordance with this Order and close the file. Signed by Judge Marcia Morales Howard on 8/30/2017. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
VENTURE INVESTMENT
PROPERTIES, LLC,
Plaintiff,
vs.

Case No. 3:14-cv-1536-J-34PDB

SCOTTSDALE INSURANCE COMPANY,
Defendant.
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ORDER

THIS CAUSE is before the Court on the Report & Recommendation (Dkt. No. 167;
Report), entered by the Honorable Patricia D. Barksdale, United States Magistrate Judge,
on August 8, 2017. In the Report, Judge Barksdale recommends that Plaintiff’s Motion for
Determination of Attorney’s Fees and Costs (Dkt. No. 140) be granted, in part, and denied,
in part. See Report at 25-26. Defendant has failed to file objections to the Report, and the
time for doing so has 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. 167) is

ADOPTED as the opinion of the Court.
2.

Plaintiff’s Motion for Determination of Attorney’s Fees and Costs (Dkt. No. 140)

is GRANTED, in part, and DENIED, in part.
3.

The Motion is GRANTED to the extent that Plaintiff is awarded the following

fees and costs:
(a)

reasonable attorney’s and paralegal’s fees of $223,795;

(b)

costs of $25,760.92;

(c)

appraisal expenses of $33,610.50; and

(d)

expert fees of $8,500.

4.

Otherwise, the Motion is DENIED.

5.

The Clerk of Court is directed to enter JUDGMENT in favor of Plaintiff Venture

Investment Properties, LLC, and against Defendant Scottsdale Insurance Company, for
$291,666.42 (comprising $223,795 for reasonable attorney’s fees, $25,760.92 for costs,
$33,610.50 for appraisal expenses, and $8,500 for expert fees).

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6.

The Clerk of the Court is further directed to terminate any pending motions and

close the file.
DONE AND ORDERED in Jacksonville, Florida, this 30th day of August, 2017.

ja
Copies to:
Counsel of Record

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