Rolle-Collie v. State of Florida Department of Transportation

Filing 121

ORDER ADOPTING REPORT AND RECOMMENDATIONS adopting Report and Recommendations re 119 Report and Recommendations; granting in part and denying in part 114 Motion for Attorney Fees. Signed by Judge Marcia G. Cooke on 8/31/2020. See attached document for full details. (ls)

Case 1:17-cv-23486-MGC Document 121 Entered on FLSD Docket 08/31/2020 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 17-23486-Civ-COOKE/GOODMAN
ETHERIA ROLLE-COLLIE,
Plaintiff,
vs.
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION,
Defendant.
_________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S
REPORTS AND RECOMMENDATIONS
THIS MATTER is before the Court on Magistrate Judge Jonathan Goodman’s
Report and Recommendations on Defendant’s Motion for Attorney’s Fees (ECF No. 119)
(“Report”).
Following certain discovery abuses by the Plaintiff, including at a discovery hearing
on January 24, 2018, and Plaintiff ’s failure to appear at her deposition, Defendant moved
this Court to award attorney’s fees in the amount of $23,930. This sum is reflective of tasks
performed over 69.40 hours.
In his Report, Judge Goodman recommends that the Court grant in part and deny in
part Defendant’s Motion for Attorney’s Fees.

Judge Goodman recommends denying

Defendant’s request for attorney’s fees for entries that were not clearly related to the two
discrete events the Court approved for attorney’s fees. Judge Goodman also recommends
reducing certain entries that were block billed. Plaintiff timely filed her Objections to Judge
Goodman’s Report (ECF No. 120).

Defendant did not file any objections to Judge

Goodman’s report, and the time to do so has passed. Plaintiff ’s objections to the Report are
generally asserted on the grounds that the entries are excessive, unreasonable, or unrelated
to the two discrete events underlying Defendant’s motion for attorney’s fees.
The Court has reviewed Defendant’s Motion, the Report, Plaintiff ’s Objections to
the Report, and the relevant legal authorities. The Court has also conducted a de novo
review of the record. Having done so, the Court finds the Report to be clear, cogent, and
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Case 1:17-cv-23486-MGC Document 121 Entered on FLSD Docket 08/31/2020 Page 2 of 2

compelling.
Accordingly, it is hereby ORDERED and ADJUDGED as follows:
(1) The

Court AFFIRMS

and ADOPTS

Judge

Goodman’s Report and

Recommendations on Defendant’s Motion for Attorney’s Fees (ECF No. 119) as
the Order of this Court.
(2) The Court GRANTS in part and DENIES in part Defendant’s Motion for
Attorney’s Fees (ECF No. 114).
(3) Specifically, the Court AWARDS Defendant attorney’s fees in the amount of
$10,460.
DONE and ORDERED in chambers, at Miami, Florida, this 31st day of August
2020.

Copies furnished to:
Jonathan Goodman, U.S. Magistrate Judge
Counsel of record

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