4539 Pinetree LLC v. Certain Underwriters at Lloyd's, London Subscribing to Policy B1180D160620/100NC ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 21-cv-21010-BLOOM/Otazo-Reyes 4539 PINETREE LLC, Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYD’S LONDON Subscribing to policy B1180D160620/100NC, Defendant. ____________________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS THIS CAUSE is before the Court upon Defendant’s Verified Motion for Attorneys’ Fees and Expenses, ECF No. [34] (“Motion”), filed on February 7, 2022. The Motion was previously referred to the Honorable Alicia M. Otazo-Reyes for a Report and Recommendations (“R&R”) on all dispositive matters. See ECF No. [35]. On July 26, 2022, the Magistrate Judge issued a R&R recommending that the Motion be granted in part and denied in part. ECF No. [40]. The R&R states that the parties shall file any objections within fourteen (14) days of the date of service of a copy of the R&R. Id. at 8. To date, the parties have filed no objections, nor have they sought additional time in which to do so. Nevertheless, the Court has conducted a de novo review of the R&R and the record in this case 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 the R&R to be well reasoned and correct. The Court, therefore, agrees with the analysis in the R&R and concludes that Case No. 21-cv-21010-BLOOM/Otazo-Reyes the Motion must bb GRANTED IN PART AND DENIED IN PART for the reasons set forth therein. Accordingly, it is ORDERED and ADJUDGED as follows: 1. The R&R, ECF No. [40], is ADOPTED. 2. The Motion, ECF No. [34], is GRANTED IN PART AND DENIED IN PART. 3. Plaintiff shall pay Defendant’s reasonable fees and costs incurred in this litigation should Plaintiff re-file the action, with the amount to be determined at that time. 4. The Motion is denied in all other aspects. DONE AND ORDERED in Chambers at Miami, Florida, on August 10, 2022. UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record