Balboa Capital Corporation v. Vital Pharmaceuticals, Inc. et al

Filing 160

ORDER ADOPTING 159 REPORT AND RECOMMENDATION: Plaintiff's Verified Motion for Attorneys' Fees and Costs [DE 142/143] and Plaintiff's Supplemental Motion for Attorneys' Fees and Costs [DE 146] are GRANTED. Certificate of Appealability: No Ruling. Signed by Judge William P. Dimitrouleas on 9/6/2023. See attached document for full details. (scn)

Case 0:18-cv-61125-WPD Document 160 Entered on FLSD Docket 09/06/2023 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
(FORT LAUDERDALE DIVISION)
BALBOA CAPITAL CORPORATION,
Plaintiff,
v.

Case No.: 0:18-cv-61125-WPD

VITAL PHARMACEUTICALS, INC.,
d/b/a VPX SPORTS; and JOHN OWOC,
Defendants.
____________________________________/
ORDER ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE is before the Court on Plaintiff Balboa Capital Corporation (“Plaintiff”)’s
Application for Attorneys’ Fees and Costs in Connection with Appeal [DE 142/143], Plaintiff’s
Second Supplemental Motion for Attorneys’ Fees and Costs [DE 146], and the August 22, 2023
Report and Recommendation of Magistrate Judge Patrick M. Hunt [DE 159] (the “Report”). The
Court notes that no objections to the Report [DE 159] 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 [DE 159] 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 [DE 159] and record and is otherwise fully advised in the premises. The Court agrees
with the Magistrate Judge’s reasoning and conclusions.
Accordingly, it is hereby ORDERED AND ADJUDGED as follows:
1.

The Report [DE 159] is hereby ADOPTED and APPROVED;

Case 0:18-cv-61125-WPD Document 160 Entered on FLSD Docket 09/06/2023 Page 2 of 2

2.

Plaintiff’s Verified Motion for Attorneys’ Fees and Costs [DE 142/143] and
Plaintiff’s Supplemental Motion for Attorneys’ Fees and Costs [DE 146] are
GRANTED; and

3.

Plaintiff is hereby awarded fees and costs in the amount of $52,027.28
($51,970.00 in attorneys’ fees and $57.28 in non-taxable costs).

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida,
this 6th day September, 2023.

Copies furnished to:
Counsel of record
Magistrate Judge Hunt