AM CRESPI MIAMI, LLC v. Century Surety Company ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 22-cv-23346-BLOOM/Torres AM CRESPI MIAMI, LLC, Plaintiff, v. CENTURY SURETY COMPANY, Defendant. ______________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE is before the Court upon Defendant Century Surety Company’s Amended Motion for Attorney’s Fees and Non-Taxable Costs, ECF No. [58] (“Motion”), and Bill of Costs, ECF Nos. [60] – [61]. The Court previously referred the Motion to Chief Magistrate Judge Edwin G. Torres for a Report and Recommendation. See ECF No. [62]. On May 28, 2024, Chief Magistrate Judge Torres issued a Report and Recommendation, ECF No. [63] (“R&R”), recommending that Defendant’s Motion be granted, and Defendant’s Bill of Costs be granted in part and denied in part. The R&R advised the Parties that objections to the R&R must be filed within fourteen (14) days of the R&R. Id. at 15. To date, neither Party has filed objections nor sought additional time to file objections. The Court has, nonetheless, conducted a de novo review of the R&R and the record and is otherwise fully advised in the premises. See Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds Chief Magistrate Judge Torres’ R&R to be well reasoned and correct. The Court agrees with the analysis in the R&R and concludes that for the reasons set forth therein, Defendant’s Motion is granted, and Defendant’s Bill of Costs is granted in part and denied in part. Case No. 22-cv-23346-BLOOM/Torres Accordingly, it is ORDERED and ADJUDGED as follows: 1. The R&R, ECF No. [63], is ADOPTED; 2. Defendant’s Motion for Attorney’s Fees and Non-Taxable Costs, ECF No. [58], is GRANTED. Defendant is awarded $77,087.50 in attorney’s fees. 3. Defendant’s Bill of Costs, ECF No. [60] — [61], is GRANTED in part and DENIED in part. Defendant is awarded $12,969.00 in costs for expert witness fees under Fla. Stat. § 768.79 and $2,493.76 in costs under 28 U.S.C. § 1920 plus post- judgment interest at an annual rate of 5.44%. 4. To the extent not otherwise disposed of, any scheduled hearings are CANCELED, all pending motions are DENIED AS MOOT, and all deadlines are TERMINATED. 5. This case shall remain CLOSED. DONE AND ORDERED in Chambers at Miami, Florida, on June 12, 2024. UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record