Rios v. PLB Insurance, Inc. et al

Filing 61

ORDER adopting 60 Report and Recommendation of the Magistrate Judge. Plaintiff Diana Rios' Renewed Motion for Attorneys' Fees and Costs 58 is GRANTED. Plaintiff is awarded attorneys' fees in the amount of $31,406.00 and cou rt costs in the amount of $1,381.05, for a total award of $32,787.05. The Clerk is directed to enter judgment against the Defendants in the total amount of $32,787.05. The Clerk is further directed to CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 12/6/2012. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

DIANA RIOS,
Plaintiff,
v.

CASE NO. 6:11-CV-256-Orl-36GJK

PLB INSURANCE, INC. and
PETER L. BENVENUTO,
Defendants.
/

ORDER
This cause comes before the Court on the Report and Recommendation of Magistrate Judge
Gregory J. Kelly, filed on November 1, 2012 (Doc. 60). In the Report and Recommendation, the
Magistrate Judge recommends that the Court grant Plaintiff Diana Rios’ (“Plaintiff”) Renewed
Motion for Attorneys’ Fees and Costs, which was filed on October 9, 2012 (Doc. 58). See Doc. 60.
Neither party has filed an objection to the Magistrate Judge’s Report and Recommendation, and the
time to do so has expired.
The Court agrees with the Magistrate Judge that the Defendants’ request for an after-the-fact
reduction in the lodestar is unnecessary. Id. at 6. In this case, the percentage of recovery is far
greater than those cases where courts have applied an after-the-fact reduction and no factors have
been suggested by the Defendants that would warrant such a reduction. Id. Therefore, after careful
consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with an
independent examination of the court file, the Court is of the opinion that the Magistrate Judge’s
Report and Recommendation should be adopted, confirmed, and approved in all respects.

Accordingly, it is hereby ORDERED and ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 60) is adopted,
confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.

2.

Plaintiff Diana Rios’ Renewed Motion for Attorneys’ Fees and Costs (Doc. 58) is
GRANTED.

3.

Plaintiff is awarded attorneys’ fees in the amount of $31,406.00 and court costs in
the amount of $1,381.05, for a total award of $32,787.05.

4.

The Clerk is directed to enter judgment against the Defendants in the total amount
of $32,787.05.

5.

The Clerk is further directed to close this case.

DONE AND ORDERED at Orlando, Florida on December 6, 2012.

COPIES TO:
COUNSEL OF RECORD

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