TRISURA SPECIALTY INSURANCE COMPANY v. BLUE HORSE TRUCKING CORP. et al

Filing 109

ORDER AFFIRMING AND ADOPTING 108 U.S. MAGISTRATE JUDGE CHRIS M. MCALILEY'S REPORT AND RECOMMENDATION THAT THE COURT GRANT 84 THE MOTION TO DETERMINE ENTITLEMENT TO ATTORNEYS' FEES FILED BY DEFENDANTS NELSON BETANCOURT AND BLUE HORSE TRUCKING CORPORATION. 84 The Motion to Determine Entitlement to Attorneys' Fees is GRANTED. Signed by Judge Kathleen M. Williams on 9/16/2022. See attached document for full details. (sgm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 20-24134-CIV-WILLIAMS
TRISURA SPECIALTY INSURANCE
COMPANY,
Plaintiff,
v.
BLUE HORSE TRUCKING
CORPORATION, et al.,
Defendants.
_________________________________/
ORDER
THIS MATTER is before the Court on U.S. Magistrate Judge Chris M. McAliley’s Report
and Recommendation (“the Report”) (DE 108) that the Court grant the Motion to Determine
Entitlement to Attorneys’ Fees (“the Motion”), filed by Defendants Nelson Betancourt
(“Betancourt”) and Blue Horse Trucking Corporation (“Blue Horse”) (collectively, “Defendants”).
(DE 84.) On January 7, 2022, the underlying state court action that formed the basis for the abovecaptioned case was settled, rendering this case moot. (See DE 106 at 2.) Defendants then filed
the instant Motion, requesting that the Court enter an order “determining that the settlement of
the underlying [state court] action is a confession of judgment entitling these [] Defendants . . . to
an award of attorney[s’] fees” without the Court’s entry of final judgment in this case. (DE 84 at
3.) In the Report, Judge McAliley concluded that Defendants “are entitled to an award of
reasonable attorneys’ fees” and that the Court “need not enter judgment against Plaintiff[] for
[Defendants] to recover their attorneys’ fees.” (DE 108 at 4, 6.) No objections to the Report have
been filed. Upon an independent review of the Report, the record, and applicable case law, the
Court agrees with Judge McAliley’s recommendations.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The conclusions in the Report (DE 108) are AFFIRMED AND ADOPTED.
Page 1 of 2

2. Defendants’ Motion to Determine Entitlement to Attorneys’ Fees (DE 84) is GRANTED.
3. Now that the Court has determined that Defendants are entitled to an award of reasonable
attorneys’ fees, the Court will consider Defendant Betancourt’s Motion for Attorney’s Fees
(DE 89) and Defendant Blue Horse’s Motion for Attorney’s Fees (DE 90). 1
4. This case remains administratively closed.
DONE AND ORDERED in Chambers in Miami, Florida on this 16th day of September,
2022.

Both of these motions (DE 89; DE 90) have already been referred to Judge McAliley to make a report and
recommendation and/or take any other appropriate action required by law. (DE 105.)
1

Page 2 of 2