Ramirez v. Supersonic of Florida, Inc. et al

Filing 46

ORDER Affirming and Adopting Report of Magistrate Judge 40 . Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 20-21592-CIV-GAYLES/OTAZO-REYES
ALEXANDER RAMIREZ,
Plaintiff,
v.
SUPERSONIC OF FLORIDA, INC.
JUAN C. GONZALEZ, et al.,
Defendants.
_______________________________/
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE comes before the Court on Plaintiff Alexander Ramirez’s Bill of Costs
[ECF No. 26] and Verified Motion for Attorney’s Fees [ECF No. 29] (collectively, the “Motions”).
The Motions were referred to Magistrate Judge Otazo-Reyes pursuant to 28 U.S.C. § 636. [ECF
No. 40]. On June 7, 2021, Judge Otazo-Reyes issued her report recommending that the Court grant
the Motions in part (the “Report”). [ECF No. 40]. No party has timely 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 record and finds no clear error with Judge Otazo-Reyes’s wellreasoned analysis and conclusion that the Motions should be granted in part. Accordingly, after
careful consideration, it is ORDERED AND ADJUDGED as follows:
(1)

The Report [ECF No. 40] is AFFIRMED AND ADOPTED and incorporated into
this Order by reference;

(2)

Plaintiff Alexander Ramirez’s Bill of Costs [ECF No. 26] and Verified Motion for
Attorney’s Fees [ECF No. 29] are GRANTED in PART;

(3)

Plaintiff shall be awarded $5,960.00 in attorney’s fees plus $40.50 in costs for a
total award of $6000.50, for which Defendants shall be jointly and severally liable. 1 For that sum, execution shall issue.

DONE AND ORDERED in Chambers at Miami, Florida, this 14th day of July, 2021.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE

On June 16, 2021, Defendant Juan C. Gonzalez filed a Suggestion of Bankruptcy Proceeding, [ECF No. 43], and on
June 17, 2021, Magistrate Judge Otazo-Reyes stayed the case as to Defendant Gonzalez only, [ECF No. 44]. That stay
remains in effect.
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