Cramasta v. Walgreen Income Protection Plan For Pharmacists And Registered Nurses, Walgreen Co. et al

Filing 82

ORDER overruling 78 --objections; adopting 77 --report and recommendation; denying without prejudice 63 --motion for attorney fees and costs. Signed by Judge Steven D. Merryday on 5/22/2014. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
KELLY CRAMASTA,
Plaintiff,
v.

CASE NO.: 8:12-cv-1461-T-23TGW

WALGREEN INCOME PROTECTION
PLAN FOR PHARMACISTS AND
REGISTERED NURSES, et al.,
Defendants.
____________________________________/
ORDER
An August 14, 2013, order (Doc. 46) refers cross-motions for summary
judgment (Docs. 41 and 42) to Magistrate Judge Thomas G. Wilson for a report and
recommendation. A February 6, 2014, order adopts the report and recommendation
and grants in part the plaintiff’s motion for summary judgment. The plaintiff moves
(Doc. 63) for attorney’s fees and costs. A February 20, 2014, order (Doc. 64) refers
the motion for a report and recommendation. After a hearing on the motion,
Magistrate Judge Wilson – in a thorough and well-reasoned report (Doc. 77) –
recommends denying the motion for fees and costs. The plaintiff objects (Doc. 78) to
the report and recommendation, and the defendants respond (Doc. 79) to the
plaintiff’s objections. The defendant’s response and a de novo review of the portions
of the report and recommendation to which the plaintiff objects reveal that the
plaintiff’s objections are unfounded or unpersuasive. Accordingly, the plaintiff’s
objections (Doc. 78) are OVERRULED. The report and recommendation (Doc. 77)

is ADOPTED. The plaintiff’s motion for costs and fees (Doc. 63) is DENIED
WITHOUT PREJUDICE.
ORDERED in Tampa, Florida, on May 22, 2014.

-2-