Munger v. Infinity Insurance Company

Filing 95

ORDER adopting 91 Report and Recommendation of the Magistrate Judge. The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appella te review. Defendant's Motion for Attorneys' Fees and to Tax Costs 84 is DENIED without prejudice. Defendant is granted leave to re-file its motion within thirty days of the entry of a mandate by the Court of Appeals on Plaintiff's pending appeal. Signed by Judge Charlene Edwards Honeywell on 12/22/2015. (BGS)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CRAIG MUNGER, Plaintiff, v. Case No: 8:14-cv-914-T-36JSS INFINITY INSURANCE COMPANY, Defendant. / ORDER This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge Julie S. Sneed on November 23, 2015 (Doc. 91). In the Report and Recommendation, Magistrate Judge Sneed recommends that Defendant's Motion for Attorneys' Fees and to Tax Costs (Doc. 4) be DENIED without prejudice and with leave to re-file within thirty days of the entry of a mandate by the Court of Appeals on Plaintiff's pending appeal. All parties were furnished copies of the Report and Recommendation and were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed. Upon consideration of the Report and Recommendation, and upon this Court's independent examination of the file, it is determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED AND ADJUDGED: (1) The Report and Recommendation of the Magistrate Judge (Doc. 91) is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. (2) Defendant’s Motion for Attorneys’ Fees and to Tax Costs (Doc. 84) is DENIED without prejudice. Defendant is granted leave to re-file its motion within thirty days of the entry of a mandate by the Court of Appeals on Plaintiff’s pending appeal. DONE AND ORDERED at Tampa, Florida on December 22, 2015. Copies to: The Honorable Julie S. Sneed Counsel of Record 2

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