Apple Glen Investors, L.P. v. Express Scripts, Inc.

Filing 148

ORDER: The Report and Recommendation (Doc. # 147 ) is ACCEPTED and ADOPTED. Plaintiff's Corrected Amended Final Motion for Attorneys' Fees, Costs, and Prejudgment Interest (Doc. # 135 ) is GRANTED to the extent that Plaintiff is awarded $921,501.00 in attorneys' fees, $39,783.12 in costs, and prejudgment interest accruing at a rate of 18 percent as specified in the Report and Recommendation. Signed by Judge Virginia M. Hernandez Covington on 6/11/2018. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
APPLE GLEN INVESTORS, L.P.,
Plaintiff,
v.

Case No. 8:14-cv-1527-T-33TGW

EXPRESS SCRIPTS, INC.,
Defendant.
_______________________________/
ORDER
This matter is before the Court on consideration of
United States Magistrate Judge Thomas G. Wilson’s Report and
Recommendation

(Doc.

#

147),

filed

on

May

25,

2018,

recommending that Plaintiff’s Corrected Amended Final Motion
for Attorneys’ Fees, Costs, and Prejudgment Interest (Doc. #
135) be granted.
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.
Analysis
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
reject

or

modify

the

magistrate

judge’s

report

and

recommendation. 28 U.S.C. § 636(b)(1); Williams v. 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.

28 U.S.C. §

636(b)(1)(C). The district judge reviews legal conclusions de
novo, even in the absence of an objection. See Cooper-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).
After conducting a careful and complete review of the
findings, conclusions and recommendations, and giving de novo
review to matters of law, the Court accepts the factual
findings and legal conclusions of the magistrate judge and the
recommendation of the magistrate judge.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation (Doc. # 147) is ACCEPTED
and ADOPTED.

(2)

Plaintiff’s Corrected Amended Final Motion for Attorneys’
Fees, Costs, and Prejudgment Interest (Doc. # 135) is
GRANTED

to

the

extent
-2-

that

Plaintiff

is

awarded

$921,501.00 in attorneys’ fees, $39,783.12 in costs, and
prejudgment interest accruing at a rate of 18 percent as
specified in the Report and Recommendation.
DONE and ORDERED in Chambers in Tampa, Florida, this 11th
day of June, 2018.

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