Parrot, Inc. v. Nicestuff Distributi

Filing 207

ORDER Adopting 206 Report of Magistrate Judge; granting in part and denying in part 196 Motion for Attorney Fees; granting in part and denying in part 197 Motion for Bill of Costs; granting in part and denying in part 202 Motion for Judgment. Signed by Judge William P. Dimitrouleas on 2/23/10. (tas)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 06-61231-CIV-DIMITROULEAS PARROT, INC., a Texas corporation, Plaintiff/Counterdefendant, vs. NICESTUFF DISTRIBUTING INTERNATIONAL, INC., a Florida corporation, Defendant/Counterplaintiff. _____________________________________/ ORDER ADOPTING REPORT OF MAGISTRATE JUDGE THIS CAUSE is before the Court upon Plaintiff Parrot, Inc.'s Motion for Entry of Judgment [DE-202], Verified Motion for Attorney's Fees [DE-196], Verified Motion for Costs [DE-197], and the Report and Recommendation of Magistrate Judge Robin S. Rosenbaum, dated February 2, 2010 [DE-206]. The Court notes that no objections to the Report have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge's factual findings in the Report are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F. 2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge's conclusion that the Motions be granted in part and denied in part.

Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation [DE-206] is hereby ADOPTED and APPROVED; 2. Plaintiff's Verified Motion for Attorney's Fees [DE-196] is hereby GRANTED IN PART, DENIED IN PART for a total fee recovery of $148,295.00; 3. Plaintiff's Verified Motion for Costs [DE-197] is hereby GRANTED IN PART, DENIED IN PART for total cost recovery of $6,885.14; 4. Plaintiff's Motion for Entry of Judgment [DE-202] is hereby GRANTED IN PART, DENIED IN PART against NiceStuff International, NiceStuff Distributing, ESI, and Michael Savuskan, for the following amounts: a) $160,740.56, plus interest at a legal rate, at 11% per year for the Consented Final Judgment in Favor of Plaintiff [see DE-30]; b) $14,337.00 for the costs and fees relating to Plaintiff's Motion to Compel [see DE-31; 66; 72]; and c) The costs and fees incurred by Plaintiff as a result of supplementary proceedings, plus the fees incurred in connection with bringing the motions for fees and costs relating to Plaintiff's Verified Motion for Attorney's Fees [DE-196] and Plaintiff's Verified Motion for Costs [DE197] be granted in part and denied in part, as set forth in paragraphs 2 and 3 above, for a subtotal of $148,295.00 in fees and $6,885.14 in costs.

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 23rd day of February, 2010.

Copies furnished to: Counsel of record Magistrate Judge Rosenbaum