Vital Pharmaceuticals, Inc. v. Balboa Capital Corporation

Filing 196

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Granting in Part and Denying in Part 177 Motion for Attorney Fees; Granting in Part and Denying in Part 181 Motion for Attorney Fees; Adopting 195 Report and Recommendations. Certificate of Appea lability: No Ruling. The Court AWARDS Defendant $288,694.12 in fees and $2,009.60 in nontaxable costs, totaling $290,703.72. Signed by Judge Marcia G. Cooke on 10/20/2020. See attached document for full details. (cds)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 14-62469-Civ-COOKE/TORRES
VITAL PHARMACEUTICALS, INC.,
d/b/a VPX SPORTS, et al.,
Plaintiffs,
vs.
BALBOA CAPITAL CORPORATION,
Defendant.
___________________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S
REPORTS AND RECOMMENDATION
THIS MATTER is before the Court on U.S. Magistrate Judge Edwin G. Torres’
Report and Recommendation (ECF No. 195) on Defendant’s Motions for Fees and NonTaxable Costs (ECF Nos. 177, 181). The Court referred Defendant’s Motions to Magistrate
Judge Torres pursuant to 28 U.S.C. § 636(b)(1)(A). ECF Nos. 178, 182.
Judge Torres recommends the Court grant in part and deny in part Defendant’s
Motions. Neither party has filed objections to the Report, and the time to do so has passed.
After reviewing the record and relevant legal authorities, the Court finds Judge Torres’
Report and Recommendation clear, cogent, and compelling.
Accordingly, this Court AFFIRMS and ADOPTS Judge Torres’ Report and
Recommendation (ECF No. 195) as an Order of this Court. The Court GRANTS in part
and DENIES in part Defendant’s Renewed, Verified for Attorneys’ Fees and Non-Taxable
Expenses and Costs (ECF No. 177) and Appellee’s Application for Attorneys’ Fees in
Connection with Appeal (ECF No. 181). The Court AWARDS Defendant $288,694.12 in
fees and $2,009.60 in nontaxable costs, totaling $290,703.72.

DONE and ORDERED in Chambers, at Miami, Florida, this 20th day of October
2020.

Copies furnished to:
Edwin G. Torres, U.S. Magistrate Judge
Counsel of Record