Nettles v. Total Comfort Plumbing et al

Filing 45

ORDER Adopting Report of Magistrate Judge; granting 41 Motion to Tax Costs. Costs taxed in the amount of $ 1,114.50 against Plaintiff Frank R. Nettles.; adopting Report and Recommendations re 44 Report and Recommendations. Signed by Judge William P. Dimitrouleas on 1/13/2010. (asl)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-61426-CIV-DIMITROULEAS FRANK R. NETTLES, Magistrate Judge Snow Plaintiff, v. TOTAL COMFORT PLUMBING, a Florida corporation, and JOHN SAUL, individually, Defendants. _______________________________________/ ORDER ADOPTING REPORT OF MAGISTRATE JUDGE THIS CAUSE is before the Court upon the Defendants' Verified Motion to Tax Costs [DE 41] and the Report and Recommendation of Magistrate Judge Lurana S. Snow, dated October 6, 2009 [DE 44]. 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, any factual findings by the Magistrate Judge 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 this Court should grant the motion and that the costs that the Defendants incurred were necessary and recoverable. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Magistrate Judge's Report [DE 44] is hereby ADOPTED and APPROVED;

2. 3.

Defendants' Verified Motion to Tax Costs [DE 41] is hereby GRANTED; Defendants Total Comfort Plumbing and John Saul shall recover from the

Plaintiff Frank R. Nettles the amount of $1,114.50 for costs, plus interest at the rate of 0.47% from July 31, 2009. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 13th day of January, 2010.

Copies furnished to: Magistrate Judge Snow Counsel of record