Crescenzo v. Law Office of Douglas R. Burgess, LLC

Filing 27

ORDER granting 23 Verified Motion for Attorney Fees and Costs; adopting Report and Recommendations re 26 Report and Recommendations.. Signed by Judge William P. Dimitrouleas on 11/2/2010. (ls)

Crescenzo v. Law Office of Douglas R. Burgess, LLC

Doc. 27

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-61456-CIV-DIMITROULEAS PETER D. CRESCENZO, Magistrate Judge Snow Plaintiff, vs. LAW OFFICES OF DOUGLAS R. BURGESS, LLC, Defendant. ____________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE is before the Court upon the Plaintiff's Verified Motion for an Award of Costs and Attorney's Fees [DE 23], filed on July 16, 2010, and the Report and Recommendation [DE 26] of Magistrate Judge Lurana S. Snow, filed on October 14, 2010. 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. We agree with the Magistrate Judge that the Motion for Attorney's Fees should be granted, with costs awarded in the amount of $390.00 and attorney's fees awarded in the amount of $3,575.85, for a total of $3,965.85. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Magistrate Judge's Report and Recommendation [DE 26] is hereby ADOPTED;

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2.

Plaintiff's Verified Motion for an Award of Costs and Attorney's Fees [DE 23] is hereby GRANTED;

3.

Plaintiff Peter D. Crescenzo shall recover from the Defendant Law Offices of Douglas R. Burgess, LLC the amount of $3,965.85 in attorney's fees and costs as set forth in the Report and Recommendation [DE 26]. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this

2nd day of November, 2010.

Copies furnished to: Counsel of record Mr. Douglas R. Burgess, Esq. Law Office of Douglas R. Burgess, LLC 480 Ridge Road, West Rochester, NY 14615