Ranieri v. Premier Fire Alarms and Integration Systems, Inc.

Filing 123

ORDER AFFIRMING AND ADOPTING 122 REPORT AND RECOMMENDATION which grants in part and denies in part 112 Motion for Attorney Fees filed by Thomas Ranieri. Plaintiff is awarded $38,480.00 in attorneys' fees. Certificate of Appealability: No Ruling. Signed by Judge Darrin P. Gayles on 8/1/2022. See attached document for full details. (scn)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 0:19-cv-60229-GAYLES THOMAS RANIERI, and all others similarly situated under 29 U.S.C. 216(b), Plaintiff, v. PREMIER FIRE ALARMS AND INTEGRATION SYSTEMS, INC., a Florida corporation, Defendant. ____________________________________/ ORDER THIS CAUSE comes before the Court on Magistrate Judge Jared M. Strauss’ Report and Recommendation (the “Report”) [ECF No. 122] regarding Plaintiff Thomas Ranieri’s Verified Motion for Attorney Fees (the “Motion”) [ECF No. 112]. On May 20, 2022, the Court referred the Motion to Judge Strauss for a ruling. [ECF No. 116]. On July 15, 2022, Judge Strauss issued his Report recommending that the Motion be granted in part and denied in part. No objections were filed. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objections are made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Having reviewed the Report for clear error, the Court agrees with Judge Strauss’ wellreasoned analysis and conclusion that the Motion should be granted in part and denied in part. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Magistrate Judge Jared M. Strauss’ Report and Recommendation, [ECF No. 122], is AFFIRMED AND ADOPTED and incorporated into this Order by reference. 2. Plaintiff’s Verified Motion for Attorney Fees, [ECF No. 112], is GRANTED in part and DENIED in part. Plaintiff is awarded $38,480.00 in attorneys’ fees. DONE AND ORDERED in Chambers at Miami, Florida, this 1st day of August, 2022. ________________________________ DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE 2

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