Peer v. Liberty Life Assurance Company of Boston

Filing 120

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 119 Report and Recommendations. denying 98 Motion for Attorney Fees filed by Liberty Life Assurance Company of Boston Signed by Judge William P. Dimitrouleas on 2/2/2022. See attached document for full details. (ail)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 17-80281-CIV-DIMITROULEAS THERESA E. PEER, Plaintiffs, vs. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant. ___________________________________/ ORDER ADOPTING AND APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; DENYING RENEWED AND RESTATED MOTION FOR AWARD OF ATTORNEY’S FEES THIS CAUSE is before the Court upon Defendant Liberty Life Assurance Company of Boston (“Defendant”)’s Renewed and Restated Motion for Award of Attorney’s Fees (the “Motion”) [DE 98], and the January 18, 2022 Magistrate Judge’s Report and Recommendation (the “Report”) [DE 119]. The Court notes that no objections to the Report [DE 119] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 119] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 119] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions. 1 Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 119] is hereby ADOPTED and APPROVED; and 2. Defendant’s Renewed and Restated Motion for Award of Attorney’s Fees [DE 98] is hereby DENIED. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 2nd day of February 2022. Copies furnished to: Magistrate Judge Matthewman Counsel of record 2

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