Browdy v. Synovos ( 2019 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION . RONALD W. BROWDY, Plaintiff, Vv. Case No.: 8:18-cv-79-EAK-CPT SYNOVOS, INC., Defendant. ORDER Currently before the undersigned is the Report and Recommendation (“R&R”) of United States Magistrate Judge Christopher P. Tuite. (Doc. 44). By the thorough and well- reasoned R&R, Judge Tuite recommends Defendant Synovos, Inc.’s (“Synovos”) Verified Motion of Defendant to Tax Costs (“Motion”), (Doc. 41), be granted in part and denied in part, (Doc. 44). Specifically, Judge Tuite recommends Synovos be awarded costs in the total amount of $1,662.35. No party filed written objections to the R&R, and the time for doing so has elapsed. Under the Federal Magistrates Act (“Act”), Congress vested Article II judges with power to “designate a magistrate judge to hear and determine any pretrial matter pending before the court,” subject to various exceptions. 28 U.S.C. § 636(b)(1)(A). The Act further vests magistrate judges with authority to submit proposed findings of fact and recommendations for disposition by an Article III judge. /d. § 636(b)(1)(B). “Within fourteen days after being served with a copy [of a magistrate judge’s report and recommendation], any party may serve and file written objections to [the magistrate judge’s] proposed findings and recommendations.” Jd. § 636(b)(1). On review, the district judge “shall make a de novo determination of those portions of the report . . . to which objection is made.” Jd. When no timely and specific objections are filed, caselaw indicates the district judge should review the magistrate judge’s proposed findings and recommendations using a clearly erroneous standard. See Gropp v. United Airlines, Inc., 817 F. Supp. 1558, 1562 (M.D. Fla. 1993) (Kovachevich, J.). After careful consideration of the R&R, in conjunction with an independent examination of the file, the undersigned finds the R&R is well-reasoned, correct, and not clearly erroneous. □ Accordingly, it is ORDERED as follows: 1. Judge Tuite’s R&R, (Doc. 44), is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. 2. Synovos’s Motion, (Doc. 41), is GRANTED IN PART AND DENIED IN PART. 3. Synovos is awarded costs in the total amount of $1,662.35. ORDERED in Chambers, in Tampa, Florida, this 11th day of December,.2019. ER a UNITED STATES DISTRICT JUDG Copies furnished to: Counsel/Parties of Record