Flagstar Bank, FSB v. Hochstadt et al

Filing 237

ORDER adopting Report and Recommendations 234 granting in part and denying in part 174 Motion for Attorney Fees. Signed by Judge Daniel T. K. Hurley on 3/26/10. (lr)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80795-CIV-HURLEY/HOPKINS FLAGSTAR BANK, FSB, Plaintiff, v. A.M. HOCHSTADT, et al., Defendants. __________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE, OVERRULING DEFENDANT'S OBJECTION, AND GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR ATTORNEYS' FEES THIS CAUSE is before the court upon plaintiff's motion for attorneys' fees and costs [DE # 174], and the report and recommendation of the Honorable James M. Hopkins, United States Magistrate Judge, recommending that the court grant in part and deny in part plaintiff's motion [DE # 234]. Defendant A.M. Hochstadt filed a notice, though wrongly styled as an objection, "acknowledg[ing] that pursuant to the language of the notes [he] is liable for reasonable attorney (sic) fees and costs" and that "there is no objection to the amounts determined." See DE # 236. Defendant Terez Hocshtadt ("T. Hochstadt") filed an objection, arguing, inter alia, that she is not liable for attorneys' fees and that, in any event, fees should be apportioned between her and defendant A.M. Hochstadt.1 See DE # 235. Pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b)(3), the court has reviewed de novo those portions of the magistrate judge's report and recommendation to which objections have been made. T. Hochstadt's objection repeats the same arguments she made in her response to plaintiff's motion for attorneys' fees and costs. See DE # 185. Thus, in ruling on T. Hochstadt's objections, the court has reviewed plaintiff's reply to T. Hochstadt's response. See DE # 186.
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Order Overruling Objection, Adopting Magistrate Judge's Report and Recommendation and Granting in Part and D e n y i n g in Part Plaintiff's Motion for Attorneys' Fees and Costs F l a g s t a r Bank, FSB v. A.M. Hochstadt, et al. C a s e No. 08-80795-CIV-HURLEY/HOPKINS

Having carefully reviewed the Magistrate Judge's report and recommendation, defendant Terez Hochstadt's objection, the mortgages and notes, and the case law, the court finds the resolution of the issues as recommended by Magistrate Judge Hopkins to be sound and well reasoned. The court therefore adopts those recommendations. Therefore, for all the foregoing reasons, it is hereby ORDERED and ADJUDGED that: 1. Defendant Terez Hochstadt's objection to the magistrate judge's report [DE # 235] is OVERRULED. 2. The Report and Recommendation of the United States Magistrate Judge [DE # 234] is ADOPTED in its entirety and INCORPORATED herein by reference. 3. Plaintiff's motion for attorneys' fees and costs is GRANTED IN PART and DENIED IN PART. 4. Pursuant to Rule 58, the court shall issue final judgment by separate order.

DONE and SIGNED in Chambers at West Palm Beach, Florida this 26th day of March, 2010.

____________________________ Daniel T. K. Hurley United States District Judge
Copies provided to counsel of record

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