United States of America v. Boursiquot et al

Filing 197

Order Adopting the Magistrate Judge's Report and Recommendations re 190 Motion for Attorney Fees, filed by United States of America, 193 Report and Recommendations, ; granting 190 Motion for Attorney Fees; Adopting 193 Report and Recommendations on 190 Motion for Attorney Fees, filed by United States of America, 193 Report and Recommendations, Signed by Senior Judge Robert N. Scola, Jr on 12/28/2023. See attached document for full details. (pc)

United States District Court
for the
Southern District of Florida
United States of America, Plaintiff,
v.
Jean-Philippe Boursiquot and
others, Defendants.

)
)
)
) Civil Action No. 17-60550-Civ-Scola
)
)

Order Adopting the Magistrate Judge's
Report and Recommendations
This matter was referred to United States Magistrate Judge Alicia M.
Otazo-Reyes for a report and recommendations on the Plaintiff United States of
America’s motion for an award of attorney’s fees and costs incurred in
preparing for and attending the August 30, 2023, show-cause hearing on the
Defendant Jean-Philippe Boursiquot’s failure to pay the contempt sanction
entered against him in 2021. On November 3, 2023, Judge Otazo-Reyes
entered a report recommending that the motion be granted, and that the Court
award the United States the total sum of $3,468.44 as reasonable attorney’s
fees and costs. (Report & Recommendations, ECF No. 193.) On December 1,
2023, in response to an order from the Court, the United States confirmed that
Mr. Boursiquot had been served with a copy of Judge Otazo-Reyes’s report, as
well as the other relevant materials, at least as of November 24, 2023. (U.S.
Resp., ECF No. 196.) No party has objected to Judge Otazo-Reyes’s report, and
the time to do so has passed.
Having considered Judge Otazo-Reyes’s report, the record, and the
relevant legal authorities, this Court finds Judge Otazo-Reyes’s report and
recommendations cogent and compelling. A district court judge need conduct a
de novo review of only “those portions of the report or specified proposed
findings or recommendations to which objection is made.” 28 U.S.C. § 636.
Where no objections are made, a report may be adopted in full without
conducting a de novo review, provided no plain error exists. E.g., id.; Menendez
v. Naples Cmty. Hosp. Inc., No. 2:20-CV-898-SPC-MRM, 2021 U.S. Dist. LEXIS
215317, 2021 WL 5178496, at *1 (M.D. Fla. Nov. 8, 2021) (collecting cases).
Accordingly, as neither party has objected to Judge Otazo-Reyes’s report
(ECF No. 193), the Court adopts the report in full, after finding no plain error
with it. The United States’ motion is granted (ECF No. 190), and the United
States is awarded the total sum of $3,468.44 as reasonable attorney’s fees and
costs incurred by the United States to prepare for and attend the show-cause

hearing on Mr. Boursiquot’s contempt. The parties are directed to meaningfully
confer and reach an agreement regarding the date by which payment must be
made.
Done and ordered in Miami, Florida, on December 28, 2023.
________________________________
Robert N. Scola, Jr.
United States District Judge