Bostick v. State Farm Mutual Automobile Insurance Company

Filing 175

ORDER: The Report and Recommendation (Doc. # 169 ) is ADOPTED. Defendant's Motion for Attorney Fees (Doc. # 155 ) is GRANTED. The Court determines that State Farm is entitled to its reasonable attorneys' fees incurred after serving B ostick with the March 29, 2017 Proposal for Settlement. State Farm is directed to file a Motion for Attorneys' Fees, including supporting documentation, by March 23, 2018. Signed by Judge Virginia M. Hernandez Covington on 3/9/2018. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
LISA N. BOSTICK,
Plaintiff,
Case No. 8:16-cv-1400-T-33AAS
v.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant.
_______________________________/
ORDER
This matter is before the Court in consideration of the
January 30, 2018, Report and Recommendation of United States
Magistrate

Judge

recommending
attorneys’

Amanda

that
fees.

Arnold

State

Farm

Plaintiff

Sansone
be

Lisa

(Doc.

awarded
N.

#

169),

reasonable

Bostick

filed

an

Objection to the Report and Recommendation (Doc. # 171) on
February

13,

2018.

State

Farm

did

not

respond

to

the

Objection.
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
reject

or

modify

recommendation.

28

the

magistrate

U.S.C.

§

judge’s

636(b)(1);

Wainwright, 681 F.2d 732 (11th Cir. 1982).

1

report
Williams

and
v.

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-Hous. 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).
Upon due consideration of the record, including the
Report and Recommendation as well as Bostick’s Objection,
the Court overrules the Objection and adopts the Report and
Recommendation. The Report and Recommendation thoughtfully
addresses the issues presented, and the Objection does not
provide a basis for rejecting the Report and Recommendation.
The Court agrees with the Magistrate Judge’s detailed and
well-reasoned analysis and adopts her determination that
State Farm is entitled to its reasonable attorneys’ fees
incurred after State Farm’s $100,000 proposal for settlement
was made to Bostick on March 29, 2017. Having determined
that State Farm is entitled to an award of attorneys’ fees,

2

the

Court

supporting

directs

State

argument

and

Farm

to

file

documentation

to

a

Motion

with

establish

the

reasonable attorneys’ fees incurred by March 23, 2018.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

The Report and Recommendation (Doc. # 169) is ADOPTED.

(2)

Defendant’s Motion for Attorney Fees (Doc. # 155) is
GRANTED.

The

Court

determines

that

State

Farm

is

entitled to its reasonable attorneys’ fees incurred
after serving Bostick with the March 29, 2017 Proposal
for Settlement.
(3)

State Farm is directed to file a Motion for Attorneys’
Fees, including supporting documentation, by March 23,
2018.
DONE and ORDERED in Chambers, in Tampa, Florida, this

9th day of March, 2018.

3