Filed: Aug. 07, 2014
Latest Update: Aug. 07, 2014
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on the Report and Recommendation of the Honorable United States Magistrate Judge Carol Mirando recommending that the Plaintiff Branch Banking and Trust Company's (BB&T) Motion for Attorney's Fees and Taxation of Costs be Granted ( Doc. #78 ) filed on July 8, 2014. The Defendant Gregory Toth had fourteen (14) days to file an objection to the Report and Recommendation, but to date no objection has be
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on the Report and Recommendation of the Honorable United States Magistrate Judge Carol Mirando recommending that the Plaintiff Branch Banking and Trust Company's (BB&T) Motion for Attorney's Fees and Taxation of Costs be Granted ( Doc. #78 ) filed on July 8, 2014. The Defendant Gregory Toth had fourteen (14) days to file an objection to the Report and Recommendation, but to date no objection has bee..
More
OPINION AND ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on the Report and Recommendation of the Honorable United States Magistrate Judge Carol Mirando recommending that the Plaintiff Branch Banking and Trust Company's (BB&T) Motion for Attorney's Fees and Taxation of Costs be Granted (Doc. #78) filed on July 8, 2014. The Defendant Gregory Toth had fourteen (14) days to file an objection to the Report and Recommendation, but to date no objection has been filed and the time to do so has expired.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Farrell v. U.S. Congress, 2009 WL 1606502, *1 (M.D. Fla. June 8, 2009) (citing Williams v. Wainwright, 681 F.2d 732 (11th Cir.1982), cert. denied, 459 U.S. 1112, 103 S.Ct. 744, 74 L.Ed.2d 964 (1983)). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n. 9 (11th Cir.1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir.1994); Castro Bobadilla v. Reno, 826 F.Supp. 1428, 1431-32 (S.D.Fla.1993), aff'd, 28 F.3d 116 (11th Cir.1994) (Table).
After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the Magistrate Judge.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation of the Honorable United States Magistrate Judge Carol Mirando recommending that the Plaintiff Branch Banking and Trust Company's (BB&T) Motion for Attorney's Fees and Taxation of Costs be Granted (Doc. #78) is ACCEPTED and ADOPTED and the findings incorporated herein.
(2) The Plaintiff Branch Banking and Trust Company's (BB&T) Motion for Attorney's Fees and Taxation of Costs (Doc. #57) filed on May 30, 2014, is GRANTED.
(3) The Plaintiff is hereby AWARDED $36,956.50 in attorney and paralegal fees; and $465.00 in costs
DONE and ORDERED.