Corcel Corporation v. Ferguson Enterprises, Inc. et al

Filing 443

ORDER adopting 441 Report and Recommendations; granting in part and denying in part 429 Motion for Bill of Costs. Signed by Judge Darrin P. Gayles on 9/30/2016. (zvr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 12-cv-80896-GAYLES/TURNOFF
CORCEL CORPORATION, INC.,
Plaintiff,
v.
FERGUSON ENTERPRISES, INC., et al.,
Defendants.
/
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE comes before the Court on Magistrate Judge William C. Turnoff’s Report
and Recommendation [ECF No. 441] (the “Report”), entered on September 12, 2016. By Endorsed
Order entered on January 12, 2016 [ECF No. 436], this Court referred to Judge Turnoff Defendant
Ferguson Enterprises, Inc.’s (“Ferguson Enterprises”) Verified Motion and Memorandum in
Support of Bill of Costs [ECF No. 429] for a Report and Recommendation. Judge Turnoff’s
Report recommends that this Court grant Ferguson Enterprises’ motion in part, with an award in
the amount of $17,215.43 in costs. Objections to the Report were due by September 29, 2016. To
date, no objections have been filed.
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). If no objections are filed, the district court need only review the report and
recommendation for “clear error.” Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006)
(per curiam); see also Fed. R. Civ. P. 72 advisory committee’s note. The Court has undertaken this

review and has found no clear error in the analysis and recommendations stated in the Report.
Accordingly, it is ORDERED AND ADJUDGED as follows:
(1)

the Report [ECF No. 441] is AFFIRMED AND ADOPTED and incorporated into
this Order by reference; and

(2)

Defendant Ferguson Enterprises, Inc.’s Motion for Bill of Costs [ECF No. 429] is
GRANTED IN PART. Plaintiff Corcel Corporation, Inc., shall remit payment to
Defendant Ferguson Enterprises, Inc., in the amount of $17,215.43.

DONE AND ORDERED in Chambers at Miami, Florida, this 30th day of September, 2016.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE