Garcia v. Nachon Enterprises, Inc. et al

Filing 125

ENDORSED ORDER adopting in part as modified 116 Report and Recommendations; granting 103 Motion to Tax Costs; granting 104 Motion for Bill of Costs. Costs taxed in the amount of $2,586.13 against Plaintiff Ervin Garcia. Signed by Judge Darrin P. Gayles on 4/24/2017. (zvr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 15-cv-23416-GAYLES
ERVIN GARCIA,
Plaintiff,
v.
NACHON ENTERPRISES, INC.;
CARLOS NACHON; and
ACE HARDWARE CORP. (DELAWARE),
Defendants.
/
ORDER ADOPTING AS MODIFIED REPORT OF MAGISTRATE JUDGE
THIS CAUSE comes before the Court on Magistrate Judge William C. Turnoff’s Report
and Recommendation [ECF No. 116] (the “Report”), entered on February 14, 2017. By Endorsed
Order entered on January 10, 2017 [ECF No. 107], this Court referred to Judge Turnoff Defendant
Nachon Enterprises, Inc.’s (“NEI”) Verified Motion for Entry of Judgment Taxing Costs [ECF
No. 103] and Bill of Costs [ECF No. 104] for a Report and Recommendation. Judge Turnoff’s
Report recommends that this Court grant NEI’s motion and bill of costs and that NEI be awarded
$2,586.13 in costs. Plaintiff Ervin Garcia timely filed objections on February 28, 2017 [ECF No.
122].
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). If no objections are filed, the district court need only review the report and
recommendation for “clear error.” Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006)

(per curiam); see also Fed. R. Civ. P. 72 advisory committee’s note.
The Court has undertaken the required de novo review and agrees with Garcia’s objection
that NEI should not be permitted to recover costs jointly and severally from both Garcia and his
legal counsel, but rather should recover only from Garcia individually. The Report shall be modified to this effect. Accordingly, it is
ORDERED AND ADJUDGED that the Report and Recommendation [ECF No. 116] is
ADOPTED AS MODIFIED. Defendant Nachon Enterprises, Inc.’s Verified Motion for Entry
of Judgment Taxing Costs [ECF No. 103] and Bill of Costs [ECF No. 104] are GRANTED. NEI
is entitled to recover $2,586.13 in costs from Plaintiff Ervin Garcia only.
DONE AND ORDERED in Chambers at Miami, Florida, this 24th day of April, 2017.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE