M&M Private Lending Group, LLC v. M/Y Ciao Bella et al

Filing 57

ORDER AFFIRMING REPORT AND RECOMMENDATIONS; granting in part and denying in part 40 Motion for Bill of Costs; granting in part and denying in part 42 Motion; granting 50 Motion for Attorney Fees; Affirming and Adopting 55 Report and Recommendations. Signed by Judge Rodney Smith on 9/11/2020. See attached document for full details. (jas)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 19-62350-CIV-SMITH M&M PRIVATE LENDING GROUP, LLC, Plaintiff, v. M/Y CIAO BELLA, et al., Defendants. ______________________________________/ ORDER AFFIRMING REPORT AND RECOMMENDATION On September 3, 2020, Magistrate Judge Alicia O. Valle submitted a Report and Recommendation to the District Judge [DE 55]. Subsequently, the Court ordered the parties to inform the Court, no later than September 8, 2020, if they intend to file objections to the Report and Recommendation. (See DE 56.) None of the parties filed such a notice. Therefore, upon consideration, it is ORDERED that the Report and Recommendation [DE 55] is AFFIRMED AND ADOPTED: 1. Plaintiff’s Motion for Bill of Costs [DE 40] is GRANTED IN PART AND DENIED IN PART, to award Plaintiff $750.23 in costs; 2. Plaintiff’s Motion for Award of Custodia Legis Expenses [DE 42] is GRANTED IN PART AND DENIED IN PART, to award custodia legis expenses of $71,412.38 incurred through February 14, 2020. Plaintiff may bid the amount awarded in lieu of cash at the sale. Plaintiff’s request for additional unspecified custodial fees is denied without prejudice to refile with appropriate supporting documentation; and 3. Plaintiff’s Motion for Attorney Fees [DE 50] is GRANTED, and Plaintiff is awarded $17,430 in attorney’s fees. 4. Any motions not otherwise ruled on are DENIED AS MOOT. DONE AND ORDERED in Fort Lauderdale, Florida, this 11th day of September, 2020. cc: counsel of record 2

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