Newman v. Physicians Diagnostics and Rehabilitation Services, Inc. ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 18-81584-CIV-DIMITROULEAS JENNIFER NEWMAN, Plaintiff, v. PHYSICIANS DIAGNOSTIC AND REHABILITATION SERVICES, INC., Defendant. _____________________________________/ ORDER ADOPTING AND APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE [DE 58]; GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTON TO ENFORCE THIS COURT’S ORDER OF AUGUST 24, 2020 AND FOR SANCTIONS [DE 53] THIS CAUSE is before the Court upon Plaintiff’s Motion to Enforce this Court’s Order of August 24, 2020 and for Sanctions [DE 53] and the November 25, 2020 Magistrate Judge’s Reports and Recommendation (the “Report”) [DE 58]. The Court notes that no objections to the Report [DE 58] 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 58] 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 58] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 58] is hereby ADOPTED and APPROVED; 2. Plaintiff's Motion to Enforce this Court’s Order of August 24, 2020 and for Sanctions [DE 53] is hereby GRANTED IN PART AND DENIED IN PART, as follows: Plaintiff’s Motion [DE 53] is GRANTED to the extent that it seeks an award of attorney’s fees and costs and to the extent it seeks a Final Judgment against Defendant. Plaintiff's Motion is DENIED WITHOUT PREJUDICE to the extent the Motion seeks a finding of civil contempt against Defendant. 3. The Court shall separately enter a Final Judgment against Defendant Physicians Diagnostic and Rehabilitation Services, Inc., and in favor of Plaintiff, in the full amount of $48,000 (the full amount owed pursuant to the parties’ settlement), which will accrue interest at the statutory rate. 4. Plaintiff's Motion for Order Determining Amount of Reasonable Attorneys’ Fees [DE 57] is GRANTED; 5. Defendant is hereby ORDERED to pay Plaintiff her attorney’s fees in the total amount of $1,425.00 by January 7, 2021. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 10th day of December, 2020. ; i j (i “4 3 4 v fo y jf - a “a tif CA KAYA OK WYN VILLIAM P. DIMITROULEAS United States District Judge Copies to: Counsel of Record Magistrate Judge William Matthewman