Colony Insurance Company v. MagneGas Welding Supply-Southeast, LLC et al

Filing 56

ORDER: The Amended Report and Recommendation (Doc. # 55) is ACCEPTED and ADOPTED. Plaintiff's Motion for Taxation of Costs (Doc. # 48) is GRANTED in part and DENIED in part. Plaintiff is awarded $520.00 in costs against Defendants M agneGas Welding Supply-Southeast, LLC f/k/a Equipment Sales & Service, Inc. and Taronis Fuels, Inc., joint and severally. The Clerk is directed to enter a judgment of costs accordingly. Signed by Judge Virginia M. Hernandez Covington on 9/7/2021. (SGM)

Case 8:20-cv-02775-VMC-AAS Document 56 Filed 09/07/21 Page 1 of 3 PageID 733

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
COLONY INSURANCE COMPANY,
Plaintiff,
v.

Case No. 8:20-cv-2775-VMC-AAS

MAGNEGAS WELDING
SUPPLY-SOUTHEAST, LLC, et al.,
Defendants.
______________________________/
ORDER
This matter is before the Court on consideration of
United

States

Magistrate

Judge

Amanda

Arnold

Sansone’s

Amended Report and Recommendation (Doc. # 55), filed on August
20, 2021, recommending that Plaintiff’s Motion for Taxation
of Costs (Doc. # 48) be granted in part and denied in part.
As of the date of this Order, no objections have been
filed and the time for filing objections has lapsed. The Court
accepts and adopts the Amended Report and Recommendation and
grants in part and denies in part the Motion for Taxation of
Costs.
Discussion
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
reject

or

modify

the

magistrate
1

judge’s

report

and

Case 8:20-cv-02775-VMC-AAS Document 56 Filed 09/07/21 Page 2 of 3 PageID 734

recommendation.

28

U.S.C.

§

636(b)(1);

Williams

v.

Wainwright, 681 F.2d 732 (11th Cir. 1982). 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
recommendation. 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), aff’d, 28 F.3d 116 (11th Cir. 1994).
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.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1)

The Amended Report and Recommendation (Doc. # 55) is
ACCEPTED and ADOPTED.

(2)

Plaintiff’s Motion for Taxation of Costs (Doc. # 48) is
GRANTED in part and DENIED in part. Plaintiff is awarded
$520.00 in costs against Defendants MagneGas Welding
Supply-Southeast, LLC f/k/a Equipment Sales & Service,
2

Case 8:20-cv-02775-VMC-AAS Document 56 Filed 09/07/21 Page 3 of 3 PageID 735

Inc. and Taronis Fuels, Inc., joint and severally. The
Clerk

is

directed

to

enter

a

judgment

of

costs

accordingly.
DONE and ORDERED in Chambers in Tampa, Florida, this 7th
day of September, 2021.

3