Ottaviano v. Nautilus Insurance Company

Filing 45

ORDER: United States Magistrate Judge Thomas G. Wilson's report and recommendation 44 is ACCEPTED and ADOPTED. Plaintiff's Motion for Award of Reasonable Attorney Fees and Costs 26 is GRANTED to the extent that Plaintiff's counse l is awarded $27,520 in attorney's fees pursuant to Florida Statute § 627.428, plus statutory interest, and $1,425 in costs pursuant to Rule 54(d) of the Federal Rules of Civil Procedure. Signed by Judge Virginia M. Hernandez Covington on 6/7/2010. (KAK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JAMES OTTAVIANO, Plaintiff, Case No. 8:08-cv-2204-T-33TGW v. NAUTILUS INS. CO., Defendant. _____________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Thomas G. Wilson's report and recommendation (Doc. # 44), filed on May 18, 2010. report and recommendation, Judge Wilson In his that

recommends

Plaintiff's Motion for Award of Reasonable Attorney Fees and Costs (Doc. # 26) be granted in part. As of this date, there are no objections to the report and recommendation, and the time for the parties to file such objections has elapsed. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the 28 magistrate § judge's report Williams and v.

recommendation.

U.S.C. -1-

636(b)(1);

Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n. 9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 636(b)(1)(C). 28 U.S.C. §

The district judge reviews legal conclusions See Cooper-

de novo, even in the absence of an objection.

Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994) (Table). Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) United States Magistrate Judge Thomas G. Wilson's

report and recommendation (Doc. # 44) is ACCEPTED and ADOPTED. (2) Plaintiff's Motion for Award of Reasonable Attorney Fees and Costs (Doc. # 26) is GRANTED to the extent that Plaintiff's counsel is awarded $27,520 in

attorney's fees pursuant to Florida Statute § 627.428, plus statutory interest, and $1,425 in costs pursuant -2-

to Rule 54(d) of the Federal Rules of Civil Procedure. DONE and ORDERED in Chambers, in Tampa, Florida, this 7th day of June, 2010.

Copies to: All Counsel of Record

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