USAA Life Insurance Company v. Doss et al

Filing 49

ORDER adopting 46 Report and Recommendation; granting, in part, and denying, in part, 44 Motion for Attorney's Fees, Denial of Creditor Claims, and to Disburse Funds Held in the Registry of the Court. The Clerk of the Court is directed to disburse the funds, enter judgment in accordance with this Order, and close the file. Signed by Judge Marcia Morales Howard on 8/18/2016. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
USAA LIFE INSURANCE COMPANY,
Plaintiff,
vs.

Case No. 3:15-cv-93-J-34MCR

YOLINDA DOSS and MICHAEL T.
FACKLER, as guardian ad litem for
A.D., his ward,
Defendants.
_____________________________

ORDER

THIS CAUSE is before the Court on the Report and Recommendation (Doc. No. 46;
Report), entered by the Honorable Monte C. Richardson, United States Magistrate Judge,
on June 30, 2016. In the Report, Magistrate Judge Richardson recommends that the Motion
for Attorney’s Fees, Denial of Creditor Claims, and to Disburse Funds Held in the Registry
of the Court (Doc. No. 44; Motion) be granted, in part, and denied, in part. See Report at 1,
7. 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 (Doc. No. 46) is

ADOPTED as the opinion of the Court.
2.

The Motion for Attorney’s Fees, Denial of Creditor Claims, and to Disburse

Funds Held in the Registry of the Court (Doc. No. 44) is GRANTED, in part, and DENIED,
in part.
a.

The Motion is GRANTED to the extent that funds deposited into the
Registry of the Court by USAA Life Insurance Company (USAA) on
February 2, 2015, are exempt from creditor claims, and the Clerk of the
Court is directed to disburse all such funds together with interest
accruing on the deposited funds through the date of disbursement, less
all court registry fees (collectively the “Net Policy Proceeds”) to Milam
Howard Nicandri Dees & Gilliam, P.A. Trust Account, 14 East Bay
Street, Jacksonville, Florida 32202.

b.

In all other respects, the Motion is DENIED.

-2-

3.

The Clerk of the Court is directed to enter Judgment in accordance with this

Order and close the file.
DONE AND ORDERED at Jacksonville, Florida, this 18th day of August, 2016.

ja
Copies to:
Counsel of Record

-3-