PNI Litigation Trust v. National Union Fire Insurance Company of Pittsburgh, P.A. ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 1:21-cv-21416-GAYLES/TORRES PNI LITIGATION TRUST, Plaintiff, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, P.A., et al., Defendants. ______________________________________/ ORDER THIS CAUSE comes before the Court on Chief Magistrate Judge Edwin G. Torres’ Report and Recommendation (the “Report”), [ECF No. 165], regarding Defendant RSUI Indemnity Company’s (“RSUI”) Motion for Bill of Costs (“Motion”), [ECF No. 151]. On April 29, 2021, the Court referred this case to Judge Torres, pursuant to 28 U.S.C. § 636(b)(1)(B), for a ruling on all pre-trial, non-dispositive matters and a report and recommendation on all dispositive matters. [ECF No. 29]. On January 31, 2024, Judge Torres issued his Report recommending that the Court grant RSUI’s Motion. [ECF No. 165]. The parties have not objected to the Report. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objections are made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). This Court finds no clear error with Judge Torres’ well-reasoned analysis and agrees that the Motion should be granted. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Chief Magistrate Judge Edwin G. Torres’ Report and Recommendation, [ECF No. 165], is AFFIRMED AND ADOPTED and incorporated into this Order by reference. 2. Defendant RSUI Indemnity Company’s Motion for Bill of Costs, [ECF No. 151], is GRANTED. Defendant RSUI Indemnity Company shall be awarded $22,365.87 in taxable costs, plus applicable post-judgment interest from the date of judgment, as the prevailing party in this action, for which sum let execution issue. 3. This case shall remain CLOSED. DONE AND ORDERED in Chambers at Miami, Florida, this 13th day of February, 2024. Df BL 4 UNITED STATES DIST JUDGE