Mt. Hawley Insurance Company v. Roebuck III et al

Filing 135

ORDER granting 120 Motion for Attorney Fees; granting 127 Motion for Attorney's Fees; denying as moot 132 Motion to Strike ; Adopting 134 Report and Recommendations. Signed by Judge Kenneth A. Marra on 9/23/2020. See attached document for full details. (ir)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 17-CV-80213 MARRA/MATTHEWMAN
MT. HAWLEY INSURANCE
COMPANY,
Plaintiff,
vs.
ARTHUR R. ROEBUCK III &
PATRICIA R. SWINDLE TRS
d/b/a JUPITER WEST PLAZA;
RIVIERA TRADING AND MARKETING,
INC. d/b/a JUPITER WEST PLAZA;
SCRIBE ENTERPRISES, INC. d/b/a
JUPITER WEST PLAZA; and
LESLIE J. FRYE, II,
Defendants.
_______________________________/
ORDER GRANTING ATTORNEYS’ FEES
THIS CAUSE is before the Court upon:
(1) Appellees, Arthur Roebuck, III and Patricia Swindle TRS, Riviera Trading and
Marketing Inc, and Scribe Enterprises, Inc.’s Application for Appellate Attorney’s Fees
[DE 120]; and
(2) Defendants, Riviera Trading and Marketing d/b/a Jupiter West Plaza and
Scribe Enterprises, Inc. d/b/a Jupiter West Plaza’s Notice of Conclusion of Litigation
and Renewed Motion for Award of Reasonable Attorneys’ Fees [DE 127].
These matters were referred to the Honorable William Matthewman, United
States Magistrate Judge, Southern District of Florida. A Report and
Recommendation, dated September 2, 2020 [DE 134], has been filed recommending
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that the Court (1) grant Appellees Arthur R. Roebuck, III and Patricia R. Swindle TRS,
Riviera Trading and Marketing, Inc., and Scribe Enterprises, Inc. Application for
Appellate Attorneys’ Fees [DE 120] in the amount of $70,888.50; and (2) grant
Defendants Riviera Trading and Marketing d/b/a Jupiter West Plaza And Scribe
Enterprises, Inc. d/b/a Jupiter West Plaza Renewed Motion for Attorneys’ Fees [DE
127] in the amount of $87,014.00 for the defense of the captioned lawsuit.
Plaintiff filed no objections to the Report, and the time for doing so has
expired. Accordingly, upon a de novo review of the entire file and record herein, it
is hereby
ORDERED AND ADJUDGED that United States Magistrate Judge William
Matthewman's Report be, and the same is, AFFIRMED [DE 134]. Arthur Roebuck, III
and Patricia Swindle TRS, Riviera Trading and Marketing Inc, and Scribe Enterprises,
Inc.’s Application for Appellate Attorney’s Fees [DE 120] is granted; and Riviera
Trading and Marketing d/b/a Jupiter West Plaza and Scribe Enterprises, Inc. d/b/a
Jupiter West Plaza’s Renewed Motion for Award of Reasonable Attorneys’ Fees [DE
127] is granted. The Scribe Insureds’ Motion to Strike Mt. Hawley’s Unauthorized
Sur-Reply, or in the Alternative, to Consider [DE 125] in Reply (DE 132) is denied as

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moot. Judgment will be entered by separate order.
DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County,
Florida, this 23rd day of September, 2020.

KENNETH A. MARRA
United States District Judge

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