Townsend v. Let's of Ocala LLC et al
ORDER adopting 19 Report and Recommendation; granting 18 Plaintiff's Motion for Reasonable 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 8/31/2015. (JW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
CANDY TOWNSEND, on her own behalf
and on behalf of those similarly situated,
Case No. 5:14-cv-611-Oc-34PRL
LET’S OF OCALA LLC, d/b/a
Palms Internet Café, a Florida
Limited Liability Company, et al.,
THIS CAUSE is before the Court on Magistrate Judge Philip R. Lammens Report and
Recommendation (Dkt. No. 19; Report), entered on July 28, 2015, recommending that
Plaintiff's Motion for Reasonable Attorneys' Fees and Costs (Dkt. No. 18; Motion) be granted,
and that Plaintiff be awarded $3,820.00 in attorney's fees and costs. See Report at 5. 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,
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.1 Accordingly, it is hereby
Magistrate Judge Philip R. Lammens' Report and Recommendation (Dkt. No.
19) is ADOPTED as the opinion of the Court.
Plaintiff's Motion for Reasonable Attorneys' Fees and Costs (Dkt. No. 18) is
The Clerk of the Court is directed to enter judgment in favor of Plaintiff and
against Defendants for attorney’s fees and costs in the amount of $3,820.00.
DONE AND ORDERED in Chambers, this 31st day of August, 2015.
Upon review of the Report, the Court observes that Ms. Murthy's hourly rate appears to
be excessive and greater than this Court might ordinarily approve for a routine FLSA case. Nevertheless,
in the context of this particular matter, the Court will approve the rate based upon Plaintiff's
representation that the parties agreed to the amount sought. The Court’s acceptance of this agreement
should not be regarded as, or represented to another Court, as an approval of Ms. Murthy's’ requested
hourly rate in FLSA cases.
Counsel of Record
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