Bostick v. State Farm Mutual Automobile Insurance Company

Filing 190

ORDER: The Report and Recommendation (Doc. # 186 ) is ACCEPTED and ADOPTED. Bostick's Objection (Doc. # 189 ) is OVERRULED. Defendant's Motion for Attorney's Fees (Doc. # 178 ) is GRANTED in the amount of $236,663.48. Signed by Judge Virginia M. Hernandez Covington on 7/3/2018. (KAK)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION LISA N. BOSTICK, Plaintiff, v. Case No. 8:16-cv-1400-T-33AAS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. ________________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Amanda Arnold Sansone’s Report and Recommendation (Doc. # 186), filed on May 23, 2018, recommending that Defendant’s Motion for Attorney’s Fees (Doc. # 178) be granted in the amount of $236,663.48. On June 6, 2018, Plaintiff Lisa N. Bostick filed an Objection to the Report and Recommendation (Doc. # 189). State Farm did not respond to the Objection. For the reasons that follow, the Court adopts the Report and Recommendation. Discussion 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). If a party files a timely and specific objection to a finding of fact by the magistrate, the district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992). 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), aff’d, 28 F.3d 116 (11th Cir. 1994). The Report and Recommendation thoroughly and thoughtfully addresses the issues presented and none of the arguments raised in the Objection provide a basis for rejecting the Report and Recommendation. After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review, the Court accepts the factual findings and legal conclusions of the Magistrate Judge and the recommendation of the Magistrate Judge. Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 186) is ACCEPTED and ADOPTED. (2) Bostick’s Objection (Doc. # 189) is OVERRULED. -2- (3) Defendant’s Motion for Attorney’s Fees (Doc. # 178) is GRANTED in the amount of $236,663.48. DONE and ORDERED in Chambers in Tampa, Florida, this 3rd day of July, 2018. -3-

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