Lawton-Davis et al v. State Farm Mutual Automobile Insurance Company

Filing 206

ORDER granting in part and denying in part 199 Motion for Taxation of Costs ; adopting 204 Report and Recommendations. Signed by Judge Roy B. Dalton, Jr. on 5/11/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ERICKA LAWTON-DAVIS; and
ANTHONY DAVIS,
Plaintiffs, 1
v.

Case No. 6:14-cv-1157-Orl-37DCI

STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY,
Defendant.
_____________________________________
ORDER
As the prevailing party in this automobile insurance action, Defendant has thrice
moved for taxation of costs. (Docs. 173, 191, 195.) Due to the pendency of a motion for a
new trial, insufficient supporting documents, and a lack of supporting legal authority,
such motions have been thrice denied without prejudice. (Docs. 184, 193, 196,
197.) Nevertheless, Defendant persisted, and on April 26, 2017, U.S. Magistrate Judge
Daniel C. Irick issued a Report recommending that Defendant’s third amended motion
for an award of costs (Doc. 199) be granted in part and denied in part. (Doc. 204 (“R&R”).)
Specifically, Defendant requests an award of $20,820.19 in costs (“Requested
Amount”). (See id. at 4–5.) Noting Plaintiffs’ objections (Doc. 201), the R&R recommends
that the Court reduce the Requested Amount by $3,399.56 for: (1) amounts Plaintiff has

On Plaintiffs’ motion, the Court dropped their daughter Zoriyah Davis as a
party to this action at the outset of trial. (Docs. 154, 155.)
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already paid Defendant; and (2) unjustified costs for the expedited delivery of transcripts,
equipment rental, rush transcripts, and the rush service of subpoenas. (Id. at 5–9.)
Accounting for these reductions, Magistrate Judge Irick recommends that the Court
award Defendant a total of $17,420.63 in costs. (Id. at 9.)
Neither party objected to the R&R; hence the Court has reviewed it only for clear
error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1
(M.D. Fla. Jan. 28, 2016); see also Marcort v. Prem, Inc., 208 F. App’x 781, 784
(11th Cir. 2006). Finding none, the Undersigned concludes that the R&R is due to be
adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S.

Magistrate

Judge

Daniel

C.

Irick’s

Amended

Report

and

Recommendation (Doc. 204) 2 is ADOPTED, CONFIRMED, and made a
part of this Order.
2.

Defendant’s Third Amended Motion for Costs (Doc. 199) is GRANTED IN
PART AND DENIED IN PART.
a.

The Motion is GRANTED to the extent that the Court awards
Defendant $17,420.63 in costs.

b.
3.

In all other respects, the Motion is DENIED.

The Clerk is DIRECTED to issue an amended judgment in favor of
Defendant State Farm Mutual Automobile Insurance Company and against

Magistrate Judge Irick issued the operative R&R on April 26, 2017, to correct a
scrivener’s error in the initial Report issued the prior day. (Doc. 204, p. 1 n.1.)
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Plaintiffs Ericka Lawton-Davis and Anthony Davis in the following
amounts:
a.

$150,033.05 in attorney fees; 3 and

b.

$17,420.63 in costs.

DONE AND ORDERED in Chambers in Orlando, Florida, on May 11, 2017.

Copies to:
Counsel of Record

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(See Docs. 197, 200, 202 (awarding Defendant such attorney fees).)
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