The City of Fort Lauderdale v. Scott

Filing 28

ORDER Adopting Report of Magistrate Judge; granting 19 Motion for Attorney Fees; adopting 27 Report and Recommendations. Signed by Judge William P. Dimitrouleas on 2/17/2010. (asl)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO: 09-61401-CIV-DIMITROULEAS/SNOW THE CITY OF FORT LAUDERDALE, Plaintiff/Counter-Defendant, vs. HEZZEKIAH SCOTT, Defendant/Counter-Plaintiff. / ORDER ADOPTING REPORT OF MAGISTRATE JUDGE THIS CAUSE is before the Court upon Defendant Hezzekiah Scott's Motion to Award Attorney's Fees and Costs Pursuant to 28 U.S.C. 1447(c) and Memorandum in Support Thereof [DE-19] and the Report and Recommendation of Magistrate Judge Lurana S. Snow, dated January 29, 2010 [DE-27]. 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 motion for attorney's fees and costs be granted, and that the amount of fees and costs be decided by the state court. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. APPROVED; 2. Defendant Hezzekiah Scott's Motion to Award Attorney's Fees and Costs The Report and Recommendation [DE-27] is hereby ADOPTED and Pursuant to 28 U.S.C. 1447(c) and Memorandum in Support Thereof [DE-19] is hereby GRANTED. The amount of fees and costs shall be decided by the state court. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 17th day of February, 2010. Copies furnished to: Counsel of record Magistrate Judge Snow

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