Mama Jo's Inc. v. Sparta Insurance Company et al

Filing 197

ORDER adopting 192 Report and Recommendations. Signed by Chief Judge K. Michael Moore on 11/16/2020. See attached document for full details. (hwr)

Case 1:17-cv-23362-KMM Document 197 Entered on FLSD Docket 11/16/2020 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 17-cv-23362-KMM
MAMA JO’S INC.,
Plaintiff,
v.
SPARTA INS. CO., et al.,
Defendants.
_________________________________/
ORDER ON REPORT AND RECOMMENDATION
THIS CAUSE came before the Court upon Defendant Sparta Insurance Company’s
(“Defendant Sparta”) Motions for Costs and Attorneys’ Fees. (“Motions”) (ECF Nos. 148, 157).
Plaintiff filed Responses in Opposition to the Motions. (ECF Nos. 155, 161). Defendant filed
Replies. (ECF Nos. 156, 165). The Court referred this matter to the Honorable Chris M. McAliley,
United States Magistrate Judge, who issued a Report and Recommendation (“R&R”) (ECF No.
192), recommending that the Motions be granted in part. No objections were filed and the time to
do so has passed. The matter is now ripe for review. As set forth below, the Court ADOPTS the
R&R.1
The Court may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).

1

The Court adopts the R&R with the following alterations: on page sixteen, line one, the citation
should read, in relevant part, “No. 3:09-cv-13602-J-34JBT”; on page twenty-one, line six, the
citation should read, in relevant part, “at *2”; and on page twenty-seven, line eight, the citation
should read, in relevant part, “2017 WL 6406520.”

Case 1:17-cv-23362-KMM Document 197 Entered on FLSD Docket 11/16/2020 Page 2 of 2

Defendant Sparta seeks an award of costs in the amount of $12,354.81 pursuant to Federal
Rule of Civil Procedure 54(d), and an award of attorneys’ fees incurred after it made its offer of
judgment and through entry of summary judgment in its favor under Florida’s offer of judgment
statute in the amount of $111,146.00. See Fed. R. Civ. P. 54(d); Fla. Stat. § 768.79; (ECF Nos.
148, 157). As set forth in the R&R, Magistrate Judge McAliley finds that Defendant Sparta is
entitled to an award of reasonable costs and attorneys’ fees, but that that amounts sought should
be reduced. R&R at 4. Specifically, Magistrate Judge McAliley recommends that Defendant
Sparta be awarded $10,877.64 in reasonable costs, and $95,808.50 in reasonable attorneys’ fees,
for a total amount of $106,686.14. Id. at 28. This Court agrees.
Accordingly, UPON CONSIDERATION of the Motions, the R&R, the pertinent portions
of the record, and being otherwise fully advised in the premises, it is ORDERED and ADJUDGED
that the R&R (ECF No. 192) is hereby ADOPTED. It is further ORDERED that Defendant Sparta
is entitled to $10,877.64 in costs and $95,808.50 in attorneys’ fees.
16th
DONE AND ORDERED in Chambers, at Miami, Florida this _____ day of November,

2020.

____________________________________
K. MICHAEL MOORE
CHIEF UNITED STATES DISTRICT JUDGE
c: All counsel of record

2