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

Filing 93

ORDER ADOPTING REPORT OF MAGISTRATE JUDGE re 82 Motion for Attorney Fees, filed by Balboa Capital Corporation, 87 Report and Recommendations, ; granting 82 Motion for Attorney Fees; Adopting 87 Report and Recommendations on 82 Motion for Attorney Fees, filed by Balboa Capital Corporation, 87 Report and Recommendations, Signed by Judge William P. Dimitrouleas on 9/8/2021. See attached document for full details. (drz)

Case 0:18-cv-61125-WPD Document 93 Entered on FLSD Docket 09/08/2021 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
BALBOA CAPITAL CORPORATION,

CASE NO. 18-61125-CIV-DIMITROULEAS

Plaintiff,
vs.
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’s Verified Motion for Attorneys’ Fees and
Non-Taxable Expenses and Costs [DE 82], and the Report and Recommendation of Magistrate
Judge Lurana S. Snow [DE 87]. The Court notes that no objections to the Report [DE 87] 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 87] 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 87] 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 87] is hereby ADOPTED and APPROVED;

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Case 0:18-cv-61125-WPD Document 93 Entered on FLSD Docket 09/08/2021 Page 2 of 2

2.

Plaintiff’s Verified Motion for Attorneys’ Fees and Non-Taxable Expenses and Costs
[DE 82] is GRANTED;

3.

Plaintiff is awarded fees in the amount of $101,927.24, litigation expenses in the
amount of $4,650.00, and costs in the amount of $425.00.

4.

This remanded action shall remain CLOSED. Any pending motions are DENIED
AS MOOT.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida,

this 8th day of September, 2021.

Copies to:
Counsel of record
Magistrate Judge Lurana S. Snow

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