CC-Aventura, Inc., et al v. Weitz Company, LLC, et al

Filing 1493

ORDER granting in part and denying in part 1320 Motion for Partial Summary Judgment; adopting Report and Recommendations re 1417 Report and Recommendations.. Signed by Judge Paul C. Huck on 12/4/2008. (lc3)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 06-21598-CIV-HUCK/O'SULLIVAN CC-AVENTURA, INC., a Delaware corporation, et al., Plaintiffs, vs. THE WEITZ COMPANY, LLC, an Iowa limited liability company, et al., Defendants. ________________________________________/ AND ALL RELATED ACTIONS ________________________________________/ ORDER AFFIRMING REPORT AND RECOMMENDATION AND GRANTING IN PART PARTIAL SUMMARY JUDGMENT THIS CAUSE is before the Court upon the Plaintiff CC-Aventura, Inc.'s Objections to Magistrate Judge O'Sullivan's October 27, 2008 Report and Recommendation (D.E. #1428), filed on November 10, 2008. In his October 27, 2008 Report and Recommendation ("R&R," D.E. #1417), Magistrate Judge O'Sullivan recommended that Third Party Defendant, Concrete & Lumber Enterprises Corporation's ("C&L") Motion for Partial Summary Judgment Against Plaintiff's Claim for Attorneys' Fees (DE #1320) be granted in part. Section 636(b)(1) of the Federal Magistrate Act requires this Court to make a de novo determination of those parts of the Magistrate Judge's R&R to which objection is made. 28 U.S.C. § 636(b)(1); United States v. Raddatz, 447 U.S. 667, 673 (1980); Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 512-13 (11th Cir. 1990). After careful de novo consideration of Plaintiff's Motion and Objections, The Weitz Defendants and C&L's Responses, Plaintiff's Reply, and the relevant law, this Court concludes that the R&R contains a thorough, competent, and well-reasoned recommendation. Accordingly, it is hereby ORDERED and ADJUDGED that Plaintiff's objections are OVERRULED. Magistrate

Judge O'Sullivan's October 27, 2008 R&R is hereby, AFFIRMED and the findings of fact and conclusions of law contained therein ADOPTED. It is further ORDERED and ADJUDGED that the Motion of Third Party Defendant, Concrete & Lumber Enterprises Corporation, for Partial Summary Judgment Against Plaintiff's Claim for Attorneys' Fees is GRANTED in part and DENIED in part. Plaintiff CC-Aventura, Inc. is precluded from seeking attorney's fees against The Weitz Company, LLC. However, CCAventura, Inc may seek attorney's fees against Weitz Company, Inc. under the Guaranty signed by Weitz, Inc., which is part of the Construction Contract between CC-Aventura, Inc. and The Weitz Company, LLC.1 DONE AND ORDERED in chambers, Miami, Florida, December 4, 2008. _____________________________ Paul C. Huck United States District Judge Copies provided to: Counsel of Record

Nothing in this Order should be read to preclude any party's entitlement to seek attorney's fees in the form of sanctions for misconduct during the litigation of this matter.

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