The Insurance Company of the State of Pennsylvania v. Lyons et al

Filing 122

ORDER adopting 121 Report and Recommendations; Order denying 112 Motion for Attorney Fees; denying 112 Motion for Taxation of Costs. Signed by Judge James I. Cohn on 2/11/2009. (lc1)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 07-61100-CIV-COHN/SELTZER THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Petitioner, vs. MATTHEW LYONS, DWIGHT GRANT, KARLA HOLMES, JULIO GABRIN, JUSTIN ROWINSKY, et al, Respondents. __________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION ORDER DENYING MOTION TO TAX COSTS AND ATTORNEY'S FEES THIS CAUSE is before the Court upon the Report and Recommendation of United States Magistrate Judge Barry S. Seltzer [DE 121] and Respondent Matthew Lyons' Motion to Tax Costs and Attorney's Fees [DE 112]. The Court has carefully considered the motion and is otherwise fully advised in the premises, including the lack of any timely objection to the Magistrate's Report by the deadline of January 15, 2009. The Court agrees with the reasoning and analysis of the Magistrate Judge and adopts his Report. Respondent Matthew Lyons has failed to properly support his motion for attorney's fees and costs, despite being specifically asked to do so by the Magistrate Judge [DE 115]. Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation of United States Magistrate Judge Barry S. Seltzer [DE 121] is hereby ADOPTED; 2. Respondent Matthew Lyons' Motion to Tax Costs and Attorney's Fees [DE 112] is hereby DENIED. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 11th day of February, 2009. copies to: counsel of record on CM/ECF 2

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