Browdy v. Synovos

Filing 45

ORDER granting in part and denying in part 41 VerifiedMotion of Defendant to Tax Costs; adopting 44 Report and Recommendations. See Order for details. Signed by Judge Elizabeth A. Kovachevich on 12/12/2019. (RLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

RONALD W. BROWDY,
Plaintiff,
Case No.: 8:18-cv-79-EAK-CPT

V.

SYNOVOS, INC.,
Defendant.
ORDER

Currently before the undersigned is the Report and Recommendation ("R&R") of
United States Magistrate Judge Christopher P. Tuite. (Doc. 44). By the thorough and wellreasoned R&R, Judge Tuite recommends Defendant Synovos, Inc.' s ("Synovos") Verified
Motion of Defendant to Tax Costs ("Motion"), (Doc. 41), be granted in part and denied in
part, (Doc. 44). Specifically, Judge Tuite recommends Synovos be awarded costs in the
total amount of $1,662.35. No party filed written objections to the R&R, and the time for
·doing so has elapsed.
Under the Federal Magistrates Act ("Act"), Congress vested Article III judges with
the power to "designate a magistrate judge to hear and determine any pretrial matter
pending before the court," subject to various exceptions. 28 U.S.C. § 636(b)(l)(A). The
Act further vests magistrate judges with authority to submit proposed findings of fact and
recommendations for disposition by an Article III judge. Id. § 636(b)(l)(B). "Within
fourteen days after being served with a copy [of a magistrate judge's report and
recommendation], any party may serve and file written objections to [the magistrate

judge's] proposed findings and recommendations." Id. § 63 6(b )( 1). On review, the district
judge "shall make a de nova determination of those portions of the report . . . to which
objection is made." Id. When no timely and specific objections are filed, caselaw indicates
the district judge should review the magistrate judge's proposed findings and
recommendations using a clearly erroneous standard. See Gropp v. United Airlines, Inc.,
817 F. Supp. 1558, 1562 (M.D. Fla. 1993) (Kovachevich, J.).
After careful consideration of the R&R, in conjunction with an independent
examination of the file, the undersigned finds the R&R is well-reasoned, correct, and not
clearly erroneous.
Accordingly, it is ORDERED as follows:
1.

Judge Tuite's R&R, (Doc. 44), is AFFIRMED and ADOPTED and

INCORPORATED BY REFERENCE into this Order for all purposes,
including appellate review.
2.

Synovos's Motion, (Doc. 41), is GRANTED IN PART AND DENIED IN

PART.
3.

Synovos is awarded costs in the total amount of $1,662.35.

ORDERED in Chambers, in Tampa, Florida, this 11th day of December, 2019.
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Copies furnished to:
Counsel/Parties of Record

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