Mastroeli v. Borack & Associates, P.A. et al

Filing 50

ORDER adopting 49 Report and Recommendation of Magistrate Judge and granting 35 Plaintiff's Motion for Attorney Fees and Costs. Signed by Judge Joan A. Lenard on 8/17/2009. (mhz)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 08-22053-CIV-LENARD/GARBER C A R M E L O MASTROELI, P l a i n t if f s , vs. B O R A C K & ASSOCIATES, P.A., D A V I D E. BORACK, et al., D e f e n d a n t. ________________________________/ O R D E R ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE J U D G E (D.E. 49) AND GRANTING PLAINTIFF'S VERIFIED MOTION FOR A T T O R N E Y 'S FEES AND COSTS (D.E. 35) T H I S CAUSE is before the Court on the Report of Magistrate Judge Barry L. Garber (" R e p o rt," D.E. 49), issued on July 28, 2009, recommending that Plaintiff's Verified Motion f o r Attorney's Fees and Costs ("Motion," D.E. 35), be granted in the amount of $2,408.33. T h e re in , the parties were given ten days to file objections to the Report. As of the date of th is Order, Defendants Borack & Associates, P.A., and David E. Borack have not filed any o b je c tio n s to the Report. Failure to file timely objections shall bar the parties from attacking o n appeal the factual findings contained in the report. See Resolution Trust Corp. v. H a ll m a r k Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Based on a review of the M a g is tra te Judge's Report, the Motion, the related pleadings, and the record, it is hereby O R D E R E D AND ADJUDGED that: 1. T h e Report and Recommendation of Magistrate Judge Barry L. Garber (D.E.

4 9 ) , issued on July 28, 2009, is ADOPTED. 2. C o n s is te n t with the Report and this Order, Plaintiff's Verified Motion for A tto r n e y' s Fees and Costs (D.E. 35), filed on January 20, 2009, is GRANTED in the amount of $2,408.33. D O N E AND ORDERED in Chambers at Miami, Florida, this 17th day of August, 2009.

____________________________________ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE

2