State Farm Mutual Automobile Insurance Company et al v. First Care Solution, Inc. et al

Filing 205

ORDER Affirming and Adopting 204 Report of Magistrate Judge. Signed by Judge Darrin P. Gayles on 8/29/2017. (lh00)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 15-cv-21215-GAYLES
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY and
STATE FARM FIRE & CASUALTY
INSURANCE COMPANY,
Plaintiffs,
v.
FIRST CARE SOLUTION, INC., et al.,
Defendants.
/
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE comes before the Court on Plaintiffs’, State Farm Mutual Automobile
Insurance Company and State Farm Fire & Casualty Company, (collectively “Plaintiffs”)
Verified Motion for Attorneys’ Fees [ECF No. 188]. The Court referred the Motion to Magistrate
Judge William C. Turnoff pursuant to 28 U.S.C. § 636(b)(1)(B) and Administrative Order 200319 of this Court for a Report and Recommendation [ECF No. 190]. On July 6, 2017, Judge
Turnoff issued his Report recommending that the Court grant Plaintiffs’ Motion in part, reducing
their fee request by thirty percent (30%) [ECF No. 204]. Neither party has objected to the
Report.
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 objection is 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 objection is 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).
The Court has reviewed the Report and the record and finds no clear error with Judge
Turnoff’s well-reasoned analysis. Accordingly, it is
ORDERED AND ADJUDGED as follows:
(1)

Judge Turnoff’s Report and Recommendation [ECF No. 204] is AFFIRMED
AND ADOPTED and incorporated into this Order by reference;

(2)

Plaintiffs’, State Farm Mutual Automobile Insurance Company and State Farm
Fire & Casualty Company, Verified Motion for Attorneys’ Fees [ECF No. 188] is
GRANTED in part;

(3)

Plaintiff shall recover $507,245.96 in attorneys’ fees.

DONE AND ORDERED in Chambers at Miami, Florida, this 29th day of August, 2017.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE